Phase 06: Protect

Hiscox vs Embroker: Best Tech E&O Insurance for Software Development Companies

7 min read·Updated April 2026

Every software development company faces the same insurance question eventually: what happens when a bug in our code causes a client to lose real money? Tech Errors and Omissions (E&O) insurance is the answer — but the wrong policy can leave you exposed precisely when you need coverage most. Hiscox and Embroker are the two platforms most frequently recommended for dev shops. Here's how to choose between them.

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The Quick Answer

Choose Hiscox if you're a small dev shop (under $500K annual revenue) wanting straightforward, fast coverage you can buy online in 15 minutes with minimal documentation — their small business focus and clean quoting process are hard to beat. Choose Embroker if your dev shop is growing, you want a platform that bundles multiple policies (E&O + cyber + general liability), and you prefer a startup-focused experience with a dedicated broker rather than self-service quoting.

Hiscox: Simple, Fast Coverage for Small Dev Shops

Hiscox (hiscox.com) is one of the most established specialty insurers for small technology businesses. Their Tech E&O policy for software development companies typically runs $1,200–$2,500/year for $1M per-claim / $1M aggregate coverage, depending on your annual revenue, number of employees, and the types of clients you serve (healthcare and fintech clients push premiums up).

Hiscox's quoting process is genuinely fast: answer about 20 questions online about your business type, revenue, employee count, and services, and you'll receive a bindable quote in under 15 minutes. No broker call required. Credit card payment, digital policy documents, and a certificate of insurance are available same-day. For a dev shop that needs to produce a COI for a client contract by tomorrow, Hiscox is the fastest path.

Hiscox Tech E&O covers: errors in your software deliverables that cause client losses, data security breaches originating from your work, infringement claims related to code you deliver, and defense costs for covered claims — including attorney fees, which accumulate fast even in frivolous claims. The policy applies to claims made during the policy period for work done in the covered period (retroactive date applies).

Hiscox's primary limitation for growing dev shops: limited ability to customize coverage or bundle policies. If you want E&O + Cyber + General Liability + Workers' Comp in one policy, Hiscox requires separate policies. Some dev shops find managing multiple Hiscox policies administratively cumbersome.

Embroker: Tech-First Platform for Growing Dev Shops

Embroker (embroker.com) is a digital insurance platform specifically designed for technology companies and startups. Unlike Hiscox's small business generalist positioning, Embroker's underwriting is explicitly tech-focused — their team understands software development risk in a way that makes the application process faster and the coverage more appropriately configured.

Embroker Tech E&O typically runs $1,500–$4,000/year for $1M coverage (slightly higher than Hiscox at baseline, but includes more comprehensive cyber coverage). Their online quote process takes 20–30 minutes and may include a brief call with a tech-specialized broker to confirm coverage details.

Embroker's key advantages for dev shops: (1) comprehensive bundled coverage — their startup bundle combines Tech E&O, Cyber Liability, Directors & Officers, and Employment Practices Liability in one policy structure, simplifying your coverage and often saving 15–25% vs. separate policies; (2) cyber liability is more robust in the Embroker baseline than Hiscox — coverage for first-party breach costs, ransomware, and regulatory fines is typically included rather than added as a rider; (3) they serve high-growth startups and can accommodate companies with rapidly increasing revenue mid-policy without coverage gaps.

Embroker's limitation: it's not as instant as Hiscox for sub-$500K dev shops needing same-day coverage. Expect a 48–72 hour process if you require a broker review.

Coverage Comparison: What Matters for Dev Shops

Both Hiscox and Embroker Tech E&O policies should cover the core risks for a dev shop:

Software defects / coding errors: a bug in your payment integration causes a client's e-commerce site to overcharge customers. Both cover this.

Project delivery failures: your team misses a contractual delivery deadline causing quantifiable client losses. Both typically cover this with proper documentation.

Data breaches from your deliverables: a security vulnerability you introduced is exploited, exposing client customer data. Both cover this, but Embroker's cyber component is generally more comprehensive.

Third-party IP infringement: a client claims you incorporated code that infringes their competitor's IP. Both cover defense costs; check whether the policy covers settlement costs as well.

What typically is NOT covered by either: intentional misconduct, contractual penalties (late fees you agreed to in your contract), and losses exceeding the policy limit. Read your policy's exclusion section carefully — particularly for 'professional services' definitions and whether your specific service categories (staff augmentation, SaaS development, AI model training) are explicitly included.

Claims Process and Support

The quality of claims handling matters as much as coverage terms. A policy with poor claims support can leave you scrambling with legal bills while waiting for reimbursement.

Hiscox: their claims team is U.S.-based and reachable by phone during business hours. For small claims (under $50K), resolution typically takes 30–90 days. Customer reviews on Trustpilot and the Better Business Bureau are generally positive for claims handling, though complex tech claims sometimes take longer than simple business claims.

Embroker: as a newer platform (founded 2015), they have less claims history than Hiscox but route claims to experienced insurance carriers (Coalition, Great American Insurance, etc.) who underwrite the actual policies. Embroker acts as the broker/platform; the carrier handles claims. Response times and quality depend on the underlying carrier for your specific policy — ask Embroker which carrier underwrites your policy and look up that carrier's claims reputation.

Key recommendation: regardless of which platform you choose, notify your insurer of a potential claim as soon as you believe a client dispute might become a formal claim — even before a lawsuit is filed. Late notification can void coverage under 'claims made' policies.

Pricing Context and When to Buy

Dev shop tech E&O insurance premiums correlate with: annual revenue (higher revenue = higher premium), number of employees and contractors (more people = more exposure), client types (healthcare and fintech clients add 20–40% to premiums due to regulatory risk), and claims history.

Approximate annual premium ranges for $1M E&O coverage: - Solo dev shop under $200K revenue: $800–$1,400/year (Hiscox) - 2–5 person dev shop, $200K–$750K revenue: $1,200–$2,500/year - 5–15 person dev shop, $750K–$2M revenue: $2,500–$5,000/year - 15+ person dev shop, $2M+ revenue: $5,000–$15,000/year

When to buy: before signing your first client contract. Many professional client MSAs require proof of E&O insurance as a contract condition — requiring it before you start work, not after you've already begun. Having the COI ready when asked demonstrates professionalism and prevents project start delays.

Review your coverage annually: as your revenue grows and client profile changes (particularly if you move into regulated industries), reassess your coverage limits. A $1M policy that was adequate at $300K revenue may be insufficient at $2M revenue with enterprise clients.

RECOMMENDED TOOLS

Hiscox

Fast online Tech E&O quotes for software companies — bindable same-day with COI available immediately

Embroker

Startup-focused insurance platform bundling E&O, cyber, and D&O for growing tech companies

Some links above are affiliate links. We may earn a commission if you sign up — at no extra cost to you.

FREQUENTLY ASKED QUESTIONS

Can I deduct tech E&O insurance premiums as a business expense?

Yes — business insurance premiums are fully deductible as an ordinary and necessary business expense. Keep your policy invoices and payment records for your bookkeeper (Pilot or FreshBooks will categorize these automatically).

What's the difference between E&O and general liability for a dev shop?

General liability (GL) covers bodily injury, property damage, and advertising injury — things like a client tripping in your office. Tech E&O covers professional mistakes in your software deliverables. Dev shops need both, but the risks from software defects and professional errors (Tech E&O) are far more likely to result in significant claims than general liability situations.

Does tech E&O cover subcontractors I hire on client projects?

Your E&O policy generally covers claims arising from your subcontractors' work if you engaged them to deliver services under your contract with the client. However, best practice is to require your subcontractors to carry their own E&O coverage and name you as an additional insured — creating a secondary layer of protection.

Apply This in Your Checklist

Phase 8.1Get business insurancePhase 8.2Create your contracts and service agreements