For workers who sell their advice or professional services, such as business consultants, accountants and financial professionals, engineers or architects, Professional liability insurance (also called errors and omissions insurance or E&O insurance) could help cover legal claims tied to accidental professional mistakes or missed details that end up causing their client a financial loss.
What types of professional mistakes are usually covered? Some possibilities include:
- Work errors or miscalculations: A design mistake leads to costly changes during a project.**
- Oversights: A key detail gets missed, and a client claims it caused a financial loss.
- Missed deadlines: A project runs late, and a client says the delay affected their timeline or budget.
- Professional negligence: A client alleges your work fell short of professional standards.
- Misleading information: A client claims statements, projections or representations you made were inaccurate or incomplete and led to financial harm.
- Breach of client contract: A client claims you didn’t deliver the services outlined in your agreement.
Professional liability insurance can help shield you from the costs of civil litigation. If you make a mistake or forget to do something important at work — and your client sues you for it — this type of liability insurance could help cover your legal costs.
A professional liability insurance claim could help cover costs such as:
- A defense attorney
- Expert witnesses
- Court fees
- Settlements
- Financial judgments
A professional liability claim usually starts when a client says your work caused them a financial loss and they want compensation. If the dispute turns serious, let your insurer know as soon as possible so that it can be determined if it’s necessary to open a professional liability claim.
After you report the claim, your insurer will begin the review process. Some important points to remember about professional liability claims include:
- Accusations can be real or alleged. Even if your business performed flawlessly, a customer can still sue you. Though you may believe a lawsuit is without merit, you still must mount a defense, which can be expensive.
- Let your insurer know about the dispute early. Notify your insurer as soon as client dissatisfaction turns into written complaints or litigation threats.
- Professional liability claims focus on financial loss. Civil lawsuits — and their accompanying insurance claims — are about alleged financial loss and a request for compensation. To minimize your financial exposure, follow the advice of your insurer-appointed attorney.
- Your insurance company will investigate the claim and assign a claims adjuster to your case. If it’s covered under your policy, they will help resolve it.
4 Professional Liability insurance claims examples
These examples demonstrate a few scenarios of how professional liability claims can occur when a client alleges your actions or inaction caused them financial harm.
1. A client claims your plans caused delays and extra costs
An architect takes on a commercial project designing for a local builder.
Later, the client alleges key design details were missed. They say the gaps led to change orders and redoing work. The developer claims the project went over budget because of your faulty professional work and they file a lawsuit against your business seeking compensation.
Professional liability insurance may help cover your legal defense expenses, expert witness costs and potential settlements related to covered claims.
2. A client claims a missed deadline led to costly rework
An engineer is hired to complete a required environmental or structural assessment for a development project. A deadline was set, but due to factors outside their control, the report was delivered later than expected.
The client claims the delay disrupted their financing and construction timelines and resulted in them having to pay additional late fees. They file a lawsuit alleging your missed deadline caused them a financial loss.
Professional liability insurance may help in this scenario with attorney fees, court costs and negotiated settlements.
3. A client claims your strategy caused financial losses
A business consultant is hired to help a company become more efficient. They recommend some changes to business operations, staffing and business strategy to help the organization meet its specific goals.
After rollout, the client claims that the results didn’t match the consultant’s projections. They allege that the strategy caused them a revenue loss and other unexpected costs. The client also claims that the project recommendations fell short of professional standards. The unhappy client files a lawsuit seeking compensation for their losses.
Professional liability insurance could help cover legal defense costs and financial judgments if a court rules against the consultant on a covered claim.
4. A client claims your system failure interrupted their revenue
An IT consultant is hired to design and implement proprietary software for a business. Their work manages the majority of their daily operations — from processing payments to managing customer data.
After implementation, the client alleges you overlooked a key compatibility issue that disrupted their workflow, leading to lost sales and revenue and missed transactions.
They file a lawsuit seeking damages. Professional liability insurance could help cover the cost of defending the claim and, if needed, resolving it through settlement or court judgment.