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What is Professional Liability insurance

Professional Liability (also known as Errors and Omissions or Medical Malpractice) insurance protects your business against claims of negligence, misrepresentation or mistake, as well as document or paperwork errors.

Professional Liability claims can typically arise from clients who allege that your services, products, or employees have caused them to suffer financial loss or damage.

Professional Liability

What does Professional Liability insurance cover?

Professional Liability insurance can protect your business against allegations that your services, products or employees caused a third party financial loss or damage, even if you are not at fault. This includes:

A Professional Liability policy typically pays for your attorney fees and other legal expenses necessary to defend your business in court. It also covers any settlements or judgements you are required to pay as a result of the claim.

Professional negligence

For example, an architect makes a structural calculation mistake in a building blueprint.

Errors and Omissions

Errors, mistakes and omissions

For example, a tax agent enters the wrong number on a tax return, causing the client to face a government penalty.

Inaccurate advice

Inaccurate advice or services

For example, a marketing consultant advises a retail store to invest in an inventory system that fails to integrate with their market.

Misrepresentation

Misrepresentation

For example, a software developer states their software fully integrates with client’s eCommerce platform.

Breach of privacy or duty

For example, an IT consultant accidentally sends a mass email containing a client’s sensitive data.

Intellectual property

Copyright and IP Infringement

For example, a graphic designer accidentally uses a copyrighted image in a client’s marketing campaign.

Service delivery

Undelivered services and missed deadlines

Failure to deliver the services you promised could lead to a claim or lawsuit from an unsatisfied client

  • Third-party bodily injury or property damage
  • Work-related injuries or illnesses

Please check your policy wordings and Product Disclosure Statement (PDS) for coverage details to determine whether the policy suits your business.

Why is Professional Liability insurance important?

Mistakes happen, even if you are an expert. If your business provides professional advice or services, you could be held liable if a client claims your work caused them financial loss – even you have not done anything wrong.

Certain industries may be required to have Professional Liability insurance to do business. This includes many different types of professions, such as accountants, consultants, engineers.

Professional Liability insurance offers financial safety net against costly legal claims as result of mistakes, omissions, or negligence in your services.

For example, you might need Professional Liability insurance if:

  • Your business offers expert advice, specialized designs, or strategic consulting services to clients.
  • An accidental mistake or oversight occurs in your advice could lead to financial loss to clients
  • A client contract explicitly requires you to hold coverage before starting work.

Who needs Professional Liability Insurance?

Professionals or small businesses who offer specialist services or advice should consider Professional Liability insurance. In many states, minimum amounts of Professional Liability coverage are required for some occupations, such as medical professionals and attorneys. Additionally, professional associations and some clients may also require you to carry this type of policy.

We offer professional liability insurance to a wide range of industries, including:

Didn’t see your job or industry listed above? We cover thousands of occupations.

Get Professional Liability cover to meet your specific needs.

Start a quote online or speak to our US-based licensed agents today.

How much does Professional Liability insurance cost?

Based on BizInsure data, across all industries and policy limits, Professional Liability insurance costs around $767 per year.
However, exact cost could vary, and more than one-third of small business owners pay less than $500 per year. Around 50% of small business owners pay under $51 per month for Professional Liability coverage.

Flexible coverage options

We offer tailored Professional Liability cover up to $1 million per occurrence and $3 million in the aggregate to suit your unique business needs.

Coverage levels to choose

  • Up to $1 million per occurrence
  • Up to $3 million in the aggregate

Unsure how much to choose? Think about:

Statutory professional requirements

Cover required by contracts

Number of employees being covered

Your contract value

Worst case scenario claim size

Flexible cover options

We offer tailored Professional Liability cover up to $1 million per occurrence and $3 million in the aggregate to suit your unique business needs.

Coverage levels to choose

  • Up to $1 million per occurrence
  • Up to $3 million in the aggregate

Unsure how much to choose? Think about:

Statutory professional requirements

Cover required by contracts

Number of employees being covered

Your contract value

Worst case scenario claim size

Underinsurance

We know it’s tempting to select a lower level of cover to reduce premiums, but this can leave businesses shocked and insufficiently covered when making a claim.

Ways underinsurance catches business owners out:

Inflation

With inflation, the cost of living and doing business increases. Remember to over yourself, your tools and assets for the rising costs of replacing or covering them, not what you paid for them – you may be surprised at the difference.

Not covering the full cost of your risks

If you select cover levels for less than the value you may be found liable – left out of pocket when it comes to claims time. It’s important to review your risks and determine how much you will need to cover any claim that may come your way.

Frequently asked questions

Is employers’ liability the same as Professional Liability insurance?

No, employers’ liability is not the same as Professional Liability insurance.

Employers’ liability protects businesses against workplace injury or illness claims not covered by Workers’ Compensation insurance. It may be included as part of your Workers’ Compensation policy (except for policies purchased from a monopolistic state fund) or added to your policy as an endorsement.

Employer’s liability typically covers:

– Lawsuits by third parties distantly involved in the accident
– Lawsuits brought by the family of an employee who is deceased or disabled
– Non-employees who suffer physical damage due to the employee’s injury
– Dual-capacity lawsuits where you are sued both as the employer and as something else (i.e., a product manufacturer, service provider, landlord, etc.)

Is malpractice insurance the same as Professional Liability insurance?

Malpractice insurance is a type of Professional Liability insurance designed specifically for people working in the medical field. The potential for mistake is higher for these occupations and the consequences that follow them could be much greater for their patients.

Examples of occupations that may consider malpractice insurance include:
– Doctors
– Surgeons
– Dentists
– Nurse practitioners
– Massage therapists

What is the difference between General Liability and Professional Liability insurance?

General Liability is a common form of insurance coverage that many small businesses consider. It differs from Professional Liability insurance in that it covers bodily injury and property damage claims made by third parties.

You might consider General Liability insurance if you:
– Regularly meet with third parties (clients, vendors, delivery people, etc.) in your office or workplace
– Regularly meet with clients or vendors in their homes or places of business, or on third-party worksites
– Handle your client’s property or personal belongings
– Have employees who do any of the above

What is the difference between E&O and Professional Liability insurance?

Professional Liability insurance is the same as Errors and Omissions (E&O) insurance. They provide the same forms of protection against mistakes in your work, negligence, breaches of contract, and other common liabilities in this category.
You may be more likely to see a policy listed as E&O insurance when it is being sold to certain industries, such as real estate, tech, and accounting.

Is directors and officers’ insurance the same as Professional Liability?

Directors and officers’ insurance is a type of Professional Liability insurance designed specifically for the higher ups at a company. This includes directors, officers, executives, and other members of upper management.

While directors and officers’ insurance is similar to Professional Liability insurance, the coverage it provides is targeted to the unique risks faced by a company’s primary decision makers. This includes:
– Negligence
– Poor financial management
– Errors
– Wrongful acts and conflicts of interest (excluding crimes or illegal acts)
 
Like Professional Liability, directors and officers’ insurance protects against claims that typically come from outside the company, such as from a dissatisfied client or investor.

Is employment practices liability the same as Professional Liability insurance?

No, employment practices liability is not the same as Professional Liability insurance.

Employment practices liability protects businesses against claims and lawsuits brought by employees who allege that the company has violated their legal rights. Common reasons for an employment practices lawsuit include:
– Wrongful termination
– Failure to promote or hire
– Discrimination
– Sexual and other forms of harassment

Is Professional Liability insurance tax deductible?

Yes, Professional Liability insurance is typically a tax-deductible expense for small businesses. According to the IRS, you can deduct many insurance premiums that are considered ordinary and necessary costs. This includes Professional Liability, General Liability, and Workers’ Compensation insurance, as well as many of the coverages that can be included in a Business Owner’s Policy (BOP).
A tax professional can help you determine which insurance premiums you can deduct from your tax filing.

More types of coverage

Business Owner’s Policy (BOP)
Business Owners Policy
Workers Compensation Insurance
Workers Comp insurance
Sexual Abuse and Molestation Cover
Sexual harassment Cover
General Liability Insurance
General Liability

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