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Commercial professional liability insurance – sometimes known as errors and omissions insurance – is coverage meant to cover your business’ professional mishaps (alleged or otherwise).
Business owners that provide a service, such as doctors, lawyers, accountants or consultants with expertise in a specific area – all require this insurance. Why? Because your standard general liability insurance does not cover claims against things like negligence, malpractice or mistakes. Professional liability insurance does.
People offering a particular service or specialized expertise should have professional liability insurance. The same is true for professionals who create and sell products for customers.
Some types of professionals who would benefit from liability insurance include:
Insurance is not a guaranteed protection for all claims. Honest mistakes or errors can be covered, but behaviour with intent to harm or harass is excluded.
Coverage type | Included? (YES/NO) |
---|---|
Negligence: This covers professional negligence. For instance, if a medical practitioner accidentally prescribes their client the wrong medicine, they may get sued for professional negligence. | YES |
Financial loss: If your client suffers financial losses due to your advice or services, they may sue you. This will cover your legal expenses and monetary judgement (if applicable). | YES |
Media and advertising: If your advertisement or other services resulted in your client being sued for defamation or libel, liability insurance may cover your legal costs. | YES |
Violation of Securities Act: Insurance does not cover securities fraud. | NO |
Cost guarantees or price estimates: If you’ve promised specific ROI numbers or similar specifics, insurance will not cover you. | NO |
Criminal acts or fraud: If you commit crime or fraud, insurance will protect you. | NO |
Harassment or inappropriate behaviour: If you harass your clients or commit other inappropriate acts that lead to legal consequences, you will not be covered. | NO |
As you can see, if you wilfully damage another person or violate regulatory rules, your insurance will not protect you. However, even the most diligent service provider will make mistakes, and liability insurance will cover you against an array of third-party claims.
The cost of professional liability insurance depends on you and the type of business and industry you are in. Your annual income or revenue, as well as years of experience, will also play a factor in cost.
Prices for professional liability insurance can range from about $250 to $500 per year for about $100,000 worth of coverage. It could go higher depending on your profession. Talk to your provider about how much is appropriate for your specific needs.
It’s impossible to list all the most common types of claims for professional liability insurance, but here are some examples:
Professional negligence
This can arise when a professional, such as a lawyer or accountant, makes a mistake that causes financial distress to their client.
In this case, damages could include costs incurred by the client, but insurance may cover legal fees and monetary damages.
Let’s say you’re an accountant. You make a mistake in your calculations, which later leads to your client paying more debt than they expected. They sue you for negligence, and your total expenses – including monetary judgement and legal fees – amount to $230,000.
Financial loss
A client sues you for financial loss after your product or service did not deliver on a promise of increased revenue. Your professional liability insurance policy would cover legal expenses and settlement fees.
Let’s assume you’re in the software development business. You provide the software you were contracted to build, but it turns out it can’t deliver on the client’s expected results, leading to financial losses for their business. As a result, they sue you, which costs you $43,000 – including legal fees and monetary judgement.
Here are some easy ways to reduce your professional liability insurance premiums:
Getting multiple quotes for liability insurance will help you zero in on the insurance company that can offer the best value.
Get a discount by combining your professional liability insurance with other insurance products.
Understand the specific risks associated with your profession and business operations.
Training staff and procedural guidelines can help minimize errors and risk.
Ironclad contracts and scope of work mandates can help manage expectations and reduce errors.
Regular check-ins with your clients will help ensure that both you and they are on the same page.
Keep a paper trail of meetings, goals, expectations and completed milestones.
Put everything in writing, so that all tasks and agreements are officially documented.
Keep up with changes in regulations and industry standards to ensure compliance.
Ensure your processes and documentation follow professional legal standards.
As your business grows or changes, review your coverage to avoid paying a chunk on assets you no longer own.
Professional liability insurance is not mandatory in Canada. But not having it can cost you thousands of dollars if claims are made against you. It’s also possible that many clients and business partners will require you to have professional liability insurance before doing business with you.
Professional liability insurance should be taken by any business that provides professional services with a specialized skill or expertise.
This can include, but is not limited to:
The simple answer is yes. Often the two terms are used interchangeably. Both protect professionals from claims due to clients claiming financial loss, negligence or mistakes from a service you provided.
There is also something called “medical malpractice” insurance, which is a specialized form of professional liability coverage, meant for medical professionals.
“Professional liability” is an umbrella term that applies to professions and businesses across multiple fields – from lawyers to general contractors. If you’re in the healthcare field, medical malpractice insurance is your version of professional liability.
Joel Kranc
About the Author
Joel Kranc is an award-winning writer, author and journalist. Most of his experience lies within the institutional investment and financial services space. He also covers a variety of business topics for publications in North America and the UK.