At Bay vs Marsh: Technology E&O Insurance

Marsh treats Tech E&O as a professional liability specialty and designs data-center programs that combine it with property and casualty lines. At-Bay offers a Tech E&O product with limits up to $10 million.

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

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

A Defined Product vs a Custom Broker Program

At-Bay sells Tech E&O as a product with published coverage highlights, primary and excess options for revenue up to $5 billion, limits up to $10 million, and its Stance services. Marsh treats technology E&O as one of its professional liability specialties, alongside banking, insurance, asset management, media and healthcare, and names no insurer or limits. Choose At-Bay if you're a software or services company that wants known terms; choose Marsh if you run data centers or need E&O built into a larger program. [5] [9]

Software-Contract Wording vs Data-Center Towers

At-Bay's product is built around technology-company contract, IP, negligence and indemnity wording, including service credits you owe customers as covered damages. Marsh says off-the-shelf Tech E&O policies weren't built for the scale and concentration of modern data centers and can leave gaps, so it designs programs combining Tech E&O with property, casualty and other lines. A SaaS company fits At-Bay's form; a hyperscale facility fits Marsh's approach. [5] [8]

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

  • Ask Marsh whether it's designing a data-center program or a standalone Tech E&O placement. [8] [5]
  • Ask both for the issuing insurer. [9] [5]
  • Compare limit, retention and how contract and IP terms are written. [5] [8]
  • Ask whether At-Bay's Stance or Marsh's risk-consulting services come with the bound program. [5] [9]

At-Bay gives you a defined Tech E&O product with contract and IP terms, limits up to $10 million for companies up to $5 billion in revenue, and Stance security services. Marsh is a broker that designs custom programs, including data-center towers combining Tech E&O with property and casualty, with no published limits.

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
    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

  8. 08
    Data center insurance and risk management

    Marsh · Closing the gaps in conventional coverage: off-the-shelf property, casualty, and technology errors and omissions policies were not built for the scale, density, and aggregation of modern data centers · accessed 2026-09-23

  9. 09
    Professional liability

    Marsh · What We Offer: specialized industries served, including Technology · accessed 2026-09-23

  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

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 ↗

Marsh

  • role: Marsh treats technology errors and omissions (tech E&O) as one of its financial and professional liability specialties, with dedicated attention to the technology industry, and separately names it as a building block within its data-center insurance programs. Marsh professional liability page and data-center insurance page.company-reportedSource ↗Source ↗
  • eligibility: Marsh names technology among the specialized industries its professional liability (E&O) experts serve, alongside banking, insurance and asset management, media and healthcare. Marsh professional liability page, What We Offer section.company-reportedSource ↗
  • coverage: Marsh says off-the-shelf technology E&O policies were not built for the scale and concentration of modern data centers and can leave gaps. It designs data center programs that combine technology E&O with property, casualty and other lines. Data center insurance page, Closing the gaps in conventional coverage section; describes a gap in standard tech E&O for one customer segment (data centers), not the general product.company-reportedSource ↗
  • insurer: The reviewed pages do not name a specific technology E&O insurer. Marsh professional liability and data-center insurance pages as read on 2026-09-23.not-disclosedSource ↗Source ↗

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