At Bay vs Three: Professional Liability / E&O Insurance

THREE by Berkshire Hathaway presents Errors and Omissions as part of its Business Owners Policy, with an online quote and advisers to help. At-Bay markets miscellaneous professional liability as its own product, up to $5 million, aimed at licensed insurance professionals.

Kearny Risk organizes these comparisons for firms whose advice, content or technology creates professional exposures.Research updated 2026-09-30

At-Bay's professional-liability highlights include acquired subsidiaries, independent contractors and disciplinary defense, with limits up to $5 million subject to state eligibility.

What Are the Key Differences Between At-Bay and THREE by Berkshire Hathaway Professional Liability (E&O) Insurance?

Broker-Only Submission and Package Route

At-Bay directs its MPL product page to properly licensed insurance professionals, with submissions sent to underwriting by email or through its Broker Platform. THREE lists Errors and Omissions within its combined Business Owners Policy and offers online quotes with licensed Small Business Advisors. Buyers should confirm which intermediary submits the risk and whether THREE's package addresses their professional services. [4] [6]

Limit Ceiling and State Eligibility

At-Bay says it offers primary MPL for businesses of all revenue sizes with limits up to $5 million, subject to state restrictions and separate appetite requirements. THREE's reviewed page markets E&O in the package but does not publish a comparable maximum or state appetite. Request the actual per-claim and aggregate limits and confirm state eligibility from both proposal documents. [4] [5]

Policy Features

At-Bay lists claims-made-and-reported coverage, automatic coverage for acquired subsidiaries, independent contractors, disciplinary-proceedings defense, a duty-to-defend contract and an 80/20 hammer clause among MPL highlights. THREE's cited record identifies an E&O category but not equivalent clauses. Ask THREE for its full professional-liability form and compare these features, including how defense counsel and settlements affect the limit. [4] [5]

What Should You Confirm in At-Bay and THREE by Berkshire Hathaway Professional Liability (E&O) Insurance Quotes?

  • Ask At-Bay which state and appetite restrictions apply and request its Broker Platform or emailed quote limits; ask THREE to specify E&O limits within the package. [4] [5]
  • Compare reporting triggers, acquired-subsidiary and contractor coverage, disciplinary defense, defense-cost treatment and hammer clauses. [4] [5]

Areas of coverage

At-Bay

  • role: At-Bay markets MPL as one of its own named insurance products, sold through its disclosed producer, At-Bay Insurance Services LLC, with the product page directed at "properly licensed insurance professionals" submitting business rather than at direct retail buyers. Current MPL product page and license disclosures; this describes the distribution channel, not who bears the underwriting risk.company-reportedSource ↗Source ↗
  • insurer: The current MPL product page does not name the insurer that issues the policy. A September 2023 press release named United Specialty Company in connection with MPL, but that historical reference does not establish the current issuing insurer for a new MPL quote. Reviewed MPL page as of 2026-09-23 and the September 2023 press release; restates the existing provider fact that MPL's current issuer is unresolved, distinct from the August 2023 Cyber/Tech E&O transition to At-Bay Specialty Insurance Company paper.not-foundSource ↗Source ↗
  • eligibility: At-Bay says it provides primary MPL for businesses of all revenue sizes with limits up to $5 million, subject to state restrictions and eligibility requirements detailed in a separate MPL appetite guide. Current MPL appetite paragraph; the linked appetite guide's specific eligibility requirements were not independently opened for this record.company-reportedSource ↗
  • coverage: At-Bay lists MPL coverage highlights including automatic coverage for acquired subsidiaries, claims-made-and-reported coverage, coverage for independent contractors, disciplinary-proceedings defense, a duty-to-defend contract, personal-injury coverage (including emotional distress), punitive damages where insurable, a professional-services definition written for each insured, and an 80/20 hammer clause. Product-page coverage-highlights list; an 80/20 hammer clause is a settlement provision where the insurer pays 80% and the insured pays 20% of costs after the insured declines a recommended settlement. The issued policy and declarations control actual wording, limits and exclusions.company-reportedSource ↗
  • limits: At-Bay publishes an MPL limit ceiling of up to $5 million, with state restrictions that are not detailed on the product page itself. Current appetite paragraph; this is an advertised ceiling, not a guaranteed available limit for any specific applicant.company-reportedSource ↗
  • application: At-Bay directs MPL submissions to underwriting by email or through automatic quotes on its Broker Platform, which At-Bay describes as a workflow of creating a quote, customizing limits and retentions, and binding the policy. Current submission instructions and the general broker-platform workflow description; MPL-specific automation details were not separately confirmed.company-reportedSource ↗Source ↗

THREE by Berkshire Hathaway

  • role: THREE presents Errors and Omissions as a component of its combined Business Owners Policy rather than identifying it as a separate standalone policy on the reviewed product page. Company-described U.S. package structure. The page does not establish underwriting terms or that every listed category will be included for every applicant.company-reportedSource ↗
  • coverage: THREE's Business Owners Policy page lists Errors & Omissions among its marketed coverage categories in the combined policy. This describes the product page, not whether the category appears in a particular quote or responds to a loss. Official THREE package marketing for Errors and Omissions. The sample policy is state-selectable and does not establish that this item is included in every quote or issued policy.company-reportedSource ↗Source ↗
  • insurer: The linked sample policy's declarations identify Berkshire Hathaway Direct Insurance Company as issuer. This is the issuer named on the public sample only; the sample does not establish the issuing entity for every state-specific quote or buyer's issued policy.company-reportedSource ↗
  • application: THREE directs small-business prospects to an online quote and says licensed Small Business Advisors can help with the process. This is the route for the overall THREE product. It does not show whether Errors and Omissions will be offered for a particular business or whether a customer can bind that line without an issued policy.company-reportedSource ↗
  • limits: The reviewed public product page does not state a separate limit or deductible for Errors and Omissions; THREE says the quote-specific insurance summary lists limits and deductibles. No number is inferred from the sample policy. The quote and issued declarations control the buyer-specific limit and deductible.not-disclosedSource ↗Source ↗
  • eligibility: The reviewed product page does not state separate eligibility rules for Errors and Omissions; the general quote and advisor route is not proof that a particular business qualifies for it. Eligibility and state availability remain unestablished for an individual risk until THREE returns its quote and applicable forms.not-disclosedSource ↗Source ↗

Sources reviewed

  1. 01
    At-Bay Doubles Miscellaneous Professional Liability Appetite

    At-Bay · September 28, 2023 release: final paragraph before Media Contacts · accessed 2026-09-16

  2. 02
    Broker Platform

    At-Bay · How it works: Create a quote, Customize your quote, Bind your policy, Manage renewals; FAQs · accessed 2026-09-16

  3. 03
    Licenses

    At-Bay · Producer introduction; agency and surplus-lines footer naming At-Bay Insurance Services LLC · accessed 2026-09-16

  4. 04
    MPL Insurance: Coverage Highlights & Appetite

    At-Bay · MPL Coverage Highlights list; MPL Appetite paragraph; Send us your submissions; "material on this page is intended for use solely by properly licensed insurance professionals" · accessed 2026-09-23

  5. 05
    Business Owners Policy - THREE by Berkshire Hathaway

    Berkshire Hathaway Direct Insurance Company, dba THREE · Product page: “No need for multiple policies” and one comprehensive policy; Business Liability, Property and Business Auto categories and the listed line names. Product page footer identifies Berkshire Hathaway Direct Insurance Company, dba THREE. · accessed 2026-09-30

  6. 06
    Jargon-free small business insurance - THREE by Berkshire Hathaway

    Berkshire Hathaway Direct Insurance Company, dba THREE · Lines 23, 39, 70–81 and 406–410: business location quote entry, single-policy description, issuer, business focus, online quote and licensed Small Business Advisor route. Quote entry inspected without submitting a form. · accessed 2026-09-30

  7. 07
    The Policy: 3 Jargon-free pages - THREE by Berkshire Hathaway

    Berkshire Hathaway Direct Insurance Company, dba THREE · State-selectable sample policy: Summary (Declarations) identifies Berkshire Hathaway Direct Insurance Company as issuer and says the insurance summary lists limits and deductibles; sample policy text and state selection do not establish terms for a particular quote or issued policy. · accessed 2026-09-30

  8. 08
    Professional Liability – US Direct Errors and Omissions Insurance

    Hiscox Inc. specimen · About this Policy / Coverage for Claims Made Against You; I.A Insuring Agreement; I.B Defense; I.C Settlement; II.A Notice of Claims; II.C Optional Extended Reporting Period; III.A, III.K, III.M, III.R, III.S Exclusions; IV.A–B Limits and Deductible; VI.O Professional Services; VI.U Wrongful Act · accessed 2026-09-16

  9. 09
    Professional liability insurance

    Insurance Information Institute · Opening paragraphs (professional services/advice and E&O name); Claims not covered by general liability; What types of businesses need professional liability insurance?; What’s covered… and what’s not (claims-made versus occurrence, defense and judgments, non-financial/intentional limits, BOP/in-home exclusion) · accessed 2026-09-16

  10. 10
    FAQ: Professional liability insurance

    Texas Department of Insurance · What’s professional liability coverage?; What types of damages…; What’s general liability insurance?; Do I need professional liability… if I have general liability…?; Is professional liability insurance required?; Can a client require…?; What’s the difference between occurrence policies and claims-made policies · accessed 2026-09-16

  11. 11
    Get business insurance

    U.S. Small Business Administration · Six common types of business insurance table · accessed 2026-09-16

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