At Bay vs Embroker: Technology E&O Insurance

At-Bay places Tech E&O through its licensed producer for businesses with revenue up to $5 billion, with limits up to $10 million; Embroker’s broker program targets private tech companies under $300 million in revenue.

Kearny Risk organizes these comparisons for firms whose advice, content or technology creates professional exposures.Research updated 2026-09-25

At-Bay takes bigger companies and bigger limits: tech E&O up to $10 million for up to $5 billion in revenue, with broad IP cover. Embroker sells tech E&O and cyber as one blended policy up to $5 million, for private tech companies under $300 million in revenue, excluding crypto and cannabis.

What Are the Key Differences Between At-Bay and Embroker Tech E&O Insurance?

$10 Million for Up to $5 Billion Revenue vs $5 Million Under $300 Million

At-Bay publishes tech E&O limits up to $10 million for companies with up to $5 billion in revenue, and writes both primary and excess layers. Embroker’s broker program targets private for-profit tech companies under $300 million in revenue, requires MFA above $5 million in revenue, excludes crypto, blockchain and cannabis businesses, and advertises limits up to $5 million for most agreements. Choose Embroker if you are a smaller private tech company that wants E&O and cyber in one policy; choose At-Bay if you are larger, need more than $5 million, or work in crypto. [5] [7]

One Blended Policy With Sub-Limits vs a Separate Tech E&O Line

Embroker sells tech E&O and cyber as a single blended policy, directly and through Embroker Access, with sub-limits for reputational harm, telecom fraud, social engineering, funds transfer fraud and bricking. Its excess tech E&O/cyber can’t sit above its own primary, so an excess layer needs a different insurer underneath. At-Bay keeps tech E&O as its own line, packaged with Stance services the way its InsurSec package supports cyber. [8] [7] [5]

Broader IP and Contract Wording vs Conflicting IP Language

At-Bay says it expands breach-of-contract cover and extends IP infringement to trade secrets, cybersquatting, deep-linking and source-code license violations. Embroker lists professional negligence, defects, breach of contract and delayed product launch, but its pages conflict on whether copyright and IP infringement are covered. If IP claims worry you, At-Bay documents more, and Embroker’s specimen is the only way to settle it. [5] [8] [7]

What Should You Confirm in At-Bay and Embroker Tech E&O Insurance Quotes?

  • Ask Embroker whether you are quoted the blended primary form or an excess layer that needs another insurer underneath. [7]
  • Check your revenue, MFA use and industry against Embroker’s rules before applying. [7] [5]
  • Ask Embroker for the specimen language on copyright and IP infringement. [8] [5]
  • Ask At-Bay whether your quote is primary or excess and whether it came through its automated broker platform. [7] [5]

Areas of coverage

At-Bay

  • role: At-Bay places Tech E&O insurance through its disclosed producer, At-Bay Insurance Services LLC, which is licensed as an insurance producer in all 50 states. At-Bay says eligible new excess-and-surplus (E&S) Tech E&O business has been written on its own carrier paper, At-Bay Specialty Insurance Company, since August 2023. Producer role from the current license page; carrier role from a 2023 transition announcement covering Cyber and Tech E&O together, not confirmed for every current quote.company-reportedSource ↗Source ↗
  • insurer: The current Tech E&O product page does not name an issuing insurer. At-Bay's 2023 announcement says new E&S Tech E&O business is quoted on At-Bay Specialty Insurance Company paper, but that is a historical statement, not a per-quote disclosure. Tech E&O product page checked today names no insurer; the carrier-transition release is dated August 2023 and does not cover every current state or account.company-reportedSource ↗Source ↗
  • coverage: At-Bay says its Tech E&O policy expands breach-of-contract coverage beyond a standard technology liability policy, carries no exclusion for breach of warranties, guarantees or consequential damages, and extends intellectual-property infringement coverage to trade-secret misappropriation, cybersquatting, improper deep-linking and source-code license violations, in addition to standard software copyright infringement. Product-page coverage highlights; the issued policy and endorsements control actual terms.company-reportedSource ↗
  • coverage: At-Bay describes negligence coverage for improper installations, coding errors, data-processing flaws, failed implementations and network outages, plus contractual-indemnity coverage for obligations a technology company owes customers from an alleged wrongful act. It also counts service credits issued to settle a claim as payable damages under the policy. Product-page coverage highlights; the issued policy and endorsements control actual terms.company-reportedSource ↗
  • limits: At-Bay says it writes primary and excess Tech E&O insurance for businesses with revenue up to $5 billion and limits up to $10 million. Through its Broker Platform, brokers can get automated quotes only for businesses up to $100 million in revenue and $3 million in limits. Published appetite ceilings, not guaranteed offers; underwriting and the appetite guide control individual accounts.company-reportedSource ↗
  • services: Every At-Bay Tech E&O policy includes access to At-Bay Stance, a security platform with vulnerability monitoring, vCISO advisory and tabletop exercises, and security awareness training, the same InsurSec package structure marketed with its cyber product. Managed detection and response (MDR) is a separate purchase sold by At-Bay Security, LLC. Product-page InsurSec and footnote descriptions; MDR pricing is described as estimated and subject to change.company-reportedSource ↗
  • application: You apply for At-Bay Tech E&O coverage by emailing a submission to underwriting@at-bay.com or by requesting an automated quote through At-Bay's Broker Platform. Product-page submission instructions; the Broker Platform route is limited to accounts within its lower appetite ceilings.company-reportedSource ↗
  • claims: At-Bay's claims-handling page describes a cyber incident roadmap and breach-coach hotline for ransomware and system-interruption events, but the reviewed page does not describe a separate process for a Tech E&O claim that does not involve a cyber incident, such as a professional-liability or contract dispute. Claims-handling page as read on 2026-09-23; does not establish that no Tech E&O-specific process exists, only that this page does not describe one.not-foundSource ↗

Embroker

  • role: Embroker sells Tech E&O/Cyber as a single blended policy directly to technology companies and also distributes it through appointed brokers via its Embroker Access broker portal. Retail and broker-facing page descriptions; not a statement about the issuing insurer.company-reportedSource ↗Source ↗
  • eligibility: Embroker's broker program targets private, for-profit technology companies (including fintech, AI, digital health, HR tech and SaaS) with under $300 million in revenue, requires multifactor authentication for accounts above $5 million in revenue, and excludes businesses involved in crypto, blockchain or cannabis. Broker Access appetite page; not a guarantee of eligibility for a particular business, and may differ from retail underwriting appetite.company-reportedSource ↗
  • coverage: Embroker lists coverage for cyber liability (data breaches, cyber theft, cyber vandalism), professional negligence from product or tech errors, software or hardware defects, breach of contract, and losses from a delayed product launch. Retail product-page What's covered section; the issued policy and declarations control.company-reportedSource ↗
  • coverage: Embroker's retail page says the policy excludes criminal activity, financial insolvency, copyright infringement or libel claims, and intellectual property infringement, while its broker program advertises software code infringement coverage as an included feature. Retail What's not included section versus the broker program's Additional features list; the public descriptions do not reconcile this difference, so confirm the proposed form's exact IP-related coverage on a quote.conflictingSource ↗Source ↗
  • limits: Embroker's broker program advertises limits up to $5 million for most insuring agreements, with sub-limits of $1 million for reputational harm and telecommunications fraud, and $500,000 for social engineering, funds transfer fraud and bricking (which includes a $100,000 betterment sub-limit). Broker Access Coverage Highlights; retail underwriting limits were not separately disclosed on the reviewed retail page.company-reportedSource ↗
  • limits: Embroker offers excess Tech E&O/Cyber coverage above a primary policy, but its excess product cannot sit above an Embroker primary policy — buyers need an underlying Tech E&O or Tech E&O + Cyber policy from a different carrier before applying for excess. Retail 'What is excess Tech E&O / Cyber Insurance?' and 'How to apply' sections; a related excess-specific offering exists for management-liability but is treated separately here.company-reportedSource ↗
  • application: Embroker offers a direct online quote through its digital platform, and separately appoints brokers through Embroker Access to place the same coverage for their clients. Retail 'Quick quotes' feature and broker-portal 'Get Appointed' call to action; no quote or appointment was requested during this research.company-reportedSource ↗Source ↗

Sources reviewed

  1. 01
    Chubb DigiTech Enterprise Risk Management Policy — Technology E&O, Cyber and Privacy Short Form Application

    ACE American Insurance Company / Chubb · Claims-made notice p.1; §2 Nature of Operations product/service schedule pp.2–3; §7 Technology E&O pp.4–5; §9–10 current and desired coverage pp.5–6 · accessed 2026-09-16

  2. 02
    At-Bay Begins Issuing Policies on its own E&S Paper

    At-Bay · August 9, 2023 release: "At-Bay ... has begun issuing Cyber and Tech E&O policies under its Delaware-based Excess and Surplus (E&S) carrier, At-Bay Specialty Insurance Company"; "All E&S Cyber and Tech E&O new business in eligible states and territories is now being quoted on At-Bay Specialty Insurance Company paper, as of August 7, 2023" · accessed 2026-09-23

  3. 03
    Claims Handling

    At-Bay · At-Bay Cyber Incident Roadmap; Call an At-Bay Breach Coach; The At-Bay Claims Team · accessed 2026-09-23

  4. 04
    Licenses

    At-Bay · At-Bay Insurance Services LLC producer introduction and 50-state P&C/surplus-lines license table · accessed 2026-09-23

  5. 05
    Tech E&O Insurance Coverage and Policy Highlights

    At-Bay · Tech E&O Coverage Highlights; Primary & Excess Appetite; InsurSec Packages (Core, Advanced, Complete); footnotes 1–7 · accessed 2026-09-23

  6. 06
    DigiTech Enterprise Risk Management

    Chubb · Coverage Synopsis > Third-Party Liability Coverage > Technology Errors and Omissions; Cyber, Privacy and Network Security Liability; footer product-summary disclaimer · accessed 2026-09-16

  7. 07
    Embroker Tech E&O / Cyber – EMB Access

    Embroker · Appetite; Coverage Highlights; Additional features · accessed 2026-09-23

  8. 08
    Tech E&O Insurance Quotes and Coverage

    Embroker · Why it's essential; Who needs this coverage; What is Technology Errors and Omissions / Cyber insurance?; What's covered; What's not included; What is excess Tech E&O / Cyber Insurance?; How to apply · accessed 2026-09-23

  9. 09
    Insurance and Bonding Guidelines

    Georgia Department of Administrative Services · Professional Liability / Errors and Omissions p.6; Technology Errors & Omissions (Cyber Liability) §9 pp.7–8 · accessed 2026-09-16

  10. 10
    Glossary of Insurance Terms

    National Association of Insurance Commissioners · Professional Errors and Omissions Liability; Errors and Omissions Liability | Professional Liability other than Medical · accessed 2026-09-16

  11. 11
    Appendix J – Contractor’s Insurance Requirements, Information Technology Umbrella Contract – Manufacturer Based (Statewide)

    New York State Office of General Services · §4 Technology Errors and Omissions, printed p.6 / PDF p.6; claims-made tail note · accessed 2026-09-16

  12. 12
    Technology Errors and Omissions Insurance

    The Hartford · What Is Technology Errors and Omissions Insurance?; differences between cyber liability and errors and omissions; How Technology Errors and Omissions Insurance Works With Contracts · accessed 2026-09-16

  13. 13
    Cyber Risk for Technology Companies

    Travelers · CyberRisk Tech coverage includes… technology errors and omissions; businesses can choose cyber protection, E&O protection or both; E&O coverage helps address… errors, omissions or negligent acts in the performance of its services · accessed 2026-09-16

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