D&O Insurance for Technology Companies & Startups

Technology companies often add D&O coverage as ownership, outside investment, boards, fundraising and strategic transactions become more complex.

Match the insurance program to the contracts, technology and growth stage.

Technology companies can create losses that do not look like traditional property or general-liability claims. The right review starts with what you sell, what you promise customers, what data and systems you touch, and how the company is funded and staffed.

Investor claimsShareholders or investors may allege misrepresentation, dilution, governance failures or other wrongful acts.
Board decisionsDirectors and officers can be named personally in claims tied to management decisions.
FundraisingRepresentations made during capital raising can create management-liability exposure.
Employment overlapManagement decisions can also intersect with EPLI, making coordinated placement important.
M&A activityAcquisitions, sales and changes in control can create run-off and continuity questions.
Private-company coveragePrivate-company D&O forms can include broader entity coverage than traditional public-company structures, depending on the policy.

Questions worth answering before you go to market.

What information should a technology company prepare for a quote?

Useful information often includes revenue, headcount and payroll, services and products, customer contracts, largest clients, data handled, security controls, claims history, funding and ownership, geographic reach, and current insurance requirements.

Why review customer contracts with insurance?

Contracts can require specific policies, limits and endorsements and can also create indemnification obligations. The insurance program should be compared with those promises rather than reviewed in isolation.

Can cyber and technology E&O overlap?

They can. Some policies combine cyber and technology professional liability, while others separate them. The trigger, exclusions, limits and allocation between coverage parts should be reviewed on the actual form.

Coverage descriptions are general. Actual coverage depends on the specific policy forms, endorsements, limits, exclusions and facts of a claim.

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