Insurance Office of America markTechnology Insurance Practice
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Software and SaaS

Insurance for software and SaaS companies

Your SLAs, the data you host, and the liability cap in your terms all shape what your insurance has to do. We read them together.

Uptime vs. your SLA

Service credit owed. Is it a covered loss?

Many E&O forms exclude the return of fees. Check before a customer asks for a credit.

Who this is for

Software developers, SaaS platforms, and financial and healthcare applications. Building AI into the product? See AI companies too.

First look

SLA commitments, the data you host, and what your terms actually cap.

Where programs go wrong

Four places a software and SaaS program usually comes up short

Service credits and refunds

Your SLA promises credits when uptime slips. Many E&O forms exclude the return of fees you've been paid, so a credit your customer is owed may not be a covered loss.

Data breach carved out of your cap

Enterprise MSAs often pull data breach out of the limitation of liability. If your cyber policy's contractual coverage is narrower than the indemnity you signed, the difference is yours.

Regulated data

Financial and healthcare applications carry regulatory exposure on top of customer claims. Coverage for regulatory defense, fines, and penalties varies by form and by state law.

E&O and cyber sharing one limit

A combined form is often the right call. But if one event can drain the limit for both, the next claim may find nothing left.

Coverage that matters most

  • Technology E&O
  • Cyber
  • Media and IP
  • Directors and officers
  • Employment practices
  • General liability and property

Common questions

Does general liability cover a software company's mistakes?

Usually not. GL covers bodily injury and property damage, and it typically excludes professional services. The financial loss a customer says your software caused is a technology E&O claim.

What insurance limits do enterprise customers usually require?

It varies, but we often see enterprise MSAs ask for $1 million to $5 million in E&O and cyber, and some ask for more. The insurance exhibit in your contract is the number that matters, so we read it before you sign.

Do we need separate E&O and cyber policies?

Not always. A combined form is common and often the right structure. What matters is whether the limits are shared and whether one bad event can use up the coverage for the next claim.

Get a straight read on your program

A 30-minute call and a one-page findings summary. No quote request, no obligation to move anything.

One useful read a month

Contracts, coverage, and risk for technology company owners and CFOs. No fluff.