Professional Liability Insurance - Confidence for Advice, Design, and Services

If your work involves advice, design, or specialized services, a simple general liability policy isn't enough. E&O helps protect you from claims of professional negligence, errors, or omissions that cause your client a financial loss.

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Quick facts

  • E&O is typically claims‑made with a retroactive date.
  • Defense costs often erode limits (inside limits); some forms add defense outside.
  • Many contracts require $1M–$5M limits and proof of current retro date.
Quote checklist
  • Business description & services (with % breakdown)
  • Annual revenue & client mix; jurisdictions (US exports?)
  • Professional designations & licences; experience
  • Current policy, limits, and retro date (if any)
  • 5‑year claims/discipline history (if any)
  • Use of subcontractors/contracted professionals
  • Typical contracts & limit requirements

What Professional Liability (E&O) covers

Core protections

  • Alleged negligence, errors, or omissions in your professional services leading to a client's financial loss.
  • Defense costs and legal expenses, even if a claim is groundless (subject to policy terms).
  • Privacy or media injury elements where included (varies by form-often in Tech/Media E&O).
  • Worldwide coverage for acts, with suits brought in specified jurisdictions (per policy wording).

Where E&O fits

  • CGL handles bodily injury/property damage to third parties.
  • E&O handles professional mistakes causing financial loss to your client.
  • Cyber addresses data breach/ransomware-pair with E&O for advisory firms.
  • D&O protects directors & officers from management liability (different exposure).

Forms vary by profession and insurer. We'll place coverage that aligns with your services and contracts.

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Who needs E&O?

  • Consultants (management, HR, marketing, IT)
  • Technology & SaaS: implementation, integration, product support
  • Accountants/bookkeepers (specialized programs available)
  • Engineers & architects (specialized wordings/regulatory needs)
  • Designers: graphic, UX, web, interior
  • Real estate & mortgage professionals
  • Healthcare & wellness practitioners (many have dedicated malpractice plans)
  • Media, research, education, trainers & coaches

Some regulated professions use mandated providers or special schemes-no problem, we'll coordinate or place alternatives where permitted.

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Claims‑made 101 - retro dates & tails

  • Claims‑made: the policy that's in force when the claim is made responds (not when the work was done).
  • Retroactive date: defines how far back your coverage reaches-keep it as far back as possible and never let it lapse.
  • Extended Reporting Period (ERP/tail): extra time after cancellation/retirement to report claims from past work.
  • Prior knowledge/known circumstances: must be disclosed; known issues are typically excluded.
  • Hammer clause/consent to settle: if you decline a recommended settlement, your coverage for extra costs may be limited-terms vary.

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Limits, deductibles & defense

Term What it means Why it matters
Per claim limit Max the policy will pay for one claim Common: $1M-$5M; contracts may dictate minimums
Aggregate limit Max for all claims in the policy year Heavy defense activity can erode aggregate quickly
Deductible / Self‑Insured Retention (SIR) Your share per claim; SIR may require you to fund defense upfront Choose an amount that fits cash flow & risk tolerance
Defense inside vs. outside limits Inside limits means legal costs reduce the limit; outside preserves it Outside is preferable but less common and may cost more
Territory & jurisdiction Where acts occur vs. where suits can be brought Cross‑border work (USA) often needs specific extensions

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Key endorsements & variations

Technology E&O + Cyber

Combines failure of technology services/products with data/privacy, network security, and media liability. Good fit for SaaS, MSPs, and integrators.

Contractors Professional Liability

For design‑build or where advice, drawings, or design delegation are part of a contractor's scope-pairs with CGL and Builder's Risk.

Media & IP extensions

Coverage for defamation, copyright/trademark infringement in published content-important for agencies, publishers, and creators (forms vary).

Vicarious liability for sub‑consultants

Addresses your liability for subs; you should still require their own E&O and collect certificates.

Regulatory & disciplinary defense (where offered)

May cover legal costs responding to investigations or complaints by a regulator or association (limits/sub‑limits apply).

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Contracts & engagement terms - getting them to work with your insurance

  • Scope & deliverables: define clearly; use change orders for drift.
  • Limitation of liability: cap to fees or a stated amount where possible; avoid unlimited indemnities.
  • Disclaimers & assumptions: document reliance on client data and third parties.
  • IP & licence terms: clarify ownership and permitted use of deliverables.
  • Insurance clauses: confirm that E&O is acceptable; note that Additional Insured is uncommon on E&O, but certificate holder/notice is typical.
  • Record retention: keep files at least through the statute of limitations and your policy tail period.

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Common exclusions (high level)

  • Fraud, dishonesty, or intentional acts
  • Known claims or circumstances prior to policy inception
  • Contractual guarantees/warranties of a specific result
  • Bodily injury/property damage (handled by CGL) - unless specifically added
  • Patent infringement (often excluded), some IP risks
  • Employer vs. employee disputes (consider EPLI)
  • Workers' compensation and automobile liability
  • Cyber events unless purchased/endorsed

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Claim scenarios (examples)

  • Consulting mis-specification: A consultant's requirements document omits a critical dependency, causing project delays and extra costs. Client seeks damages for financial loss.
  • Design error: An engineering drawing error leads to rework and schedule slippage. Owner alleges negligence and sues for costs.
  • Media/IP claim: An agency uses an image believed to be licensed; rights holder alleges infringement and demands damages.
  • Data handling advice: A privacy consultant's guidance is challenged after a regulator's finding; legal defense is required (coverage varies).

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Risk management - small habits, big impact

Practice management

  • Use engagement letters with clear scope, fees, and assumptions
  • Document advice and client decisions (email minutes/confirmations)
  • Change orders for scope changes; version control for deliverables
  • Peer review or QA on key deliverables

Operational controls

  • Secure data with MFA, backups, and least‑privilege access
  • Maintain professional licences/CE credits; follow standards
  • Collect certificates from subcontractors, including E&O
  • Keep a claims diary and incident log; report circumstances promptly

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FAQs

How is E&O different from CGL?

CGL covers bodily injury and property damage to third parties. E&O covers financial loss arising from your professional services (advice/design). Many businesses need both.

What happens if my policy lapses?

You could lose your retroactive date. Claims from past work may no longer be covered. Avoid gaps or purchase an extended reporting period (tail) if closing or retiring.

Can my client be added as Additional Insured on E&O?

Usually no-E&O differs from CGL. Some forms offer limited client coverage or vicarious liability wording, but it's not standard. We'll align your certificate with what the insurer allows.

Does E&O cover breach of contract?

Pure breach is often excluded, but many policies include a negligent performance carve‑back where negligence leads to a contract claim. Wordings vary-send us the clause for review.

Are defense costs inside or outside the limit?

Frequently inside, which means legal costs reduce the limit. Some policies offer outside (in addition to) limits at extra cost.

Ready for a Professional Liability (E&O) quote?
Send us your services, revenue, contracts, and current retro date-we'll structure coverage that fits how you work.

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