Professional Liability Coverage (E&O)



Professional Liability Insurance covers individuals and companies who provide professional services, such as lawyers and physicians, from losses they incur as a result of being held responsible for the losses of their clients. This could result from claims of an error, malpractice, negligence, or mistake committed or alleged to have been committed by the insured in his professional capacity.

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California businesses conducting a business that requires professional liability insurance will typically need these coverages in place before commencing operation. Coverage will protect personal assets and will help maintain a good reputation through the defense of allegations of wrongdoing which might be frivolous or false, which is an almost certainty doing business in the state of California. For the client who has suffered some damages through the actions of a professional, liability insurance will ensure that there are adequate funds available to make amends for the wrong that has been done. A professional liability policy covers errors, omissions or negligent acts which may arise from the normal or usual duties carried out by the insured.

When the professional is an employee of a firm, the firm, as the employer, is responsible for the actions of the employee. However, a court of law may find a professional personally responsible for an incident that occurred due to an error, omission or negligent act committed by the professional as an individual, which is why some professionals such as nurse will purchase a professional liability policy outside the hospital to provide additional protection.

What is Errors and Omissions Insurance?

Errors and Omissions is part of a professional liability insurance policy in most cases. This insurance covers damages caused by mistakes (errors) made by the professional or damages caused by something the professional failed to do (omissions). No matter what kind of business you own, customers can claim that something you did on their behalf was done incorrectly, and that this error cost them money or caused them harm in some way which is where professional liability coverage will protect you.

Professional, semi-professional and serviced type of work may place an obligation on the part of the individual to see that the task is properly performed. Any error or omission in the performance of a particular duty may make the individual responsible in damages. Errors and omissions insurance is designed to protect the individual in such a situation.

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Important aspects to consider for Professional Liability (E&O) Coverage
Important aspects to consider when evaluating these policies are limits and defense. Limits are important as some professional classes tend to have very few claims but when they do occur they are very expensive to defend and settle. Two limits are typically present in these policies, occurrence and aggregate. The per occurrence amount will be less or equal to the aggregate and will make up the amount paid out for any one claim. The aggregate is the most the policy will cover and is usually equal to or 2x greater than the per occurrence amount. Another extremely important aspect of professional liability coverage is to determine whether your defense limits are inside the limits. If so you could be stuck if you have an expensive defense and subsequently are forced to settle or loss the case.

Example of defense inside the limits in a Professional Liability Policy:
Per Occurrence Limit $1,000,000/$2,000,000 Aggregate
Attorney fees = $450,000 Settlement=$700,000
Company will pay $150,000

Example of defense outside the limits in a Professional Liability Policy:
Per Occurrence Limit $1,000,000/$2,000,000 Aggregate
Attorney fees = $450,000 Settlement=$700,000
$1,150,000 settlement and fees covered under aggregate limit

Examples of claims:



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