For most professions, E&O is not state-mandated — it’s required by client contracts, professional licensing bodies, or industry standards rather than by law. Exceptions where law or regulation effectively mandates it: registered investment advisors and broker-dealers (SEC/FINRA expectations), title agents under state title-insurance regulations, and several professional categories where the state licensing board requires proof of E&O for license renewal. Real estate brokerages typically require E&O for their agents as a condition of license sponsorship. The most common driver in our region: federal-contracting and Fortune-500-vendor contracts routinely require E&O of $1M–$5M as a condition of doing business.

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