Errors and Omissions Insurance (E&O), also known as Professional Liability Insurance or Malpractice Insurance, is a type of insurance coverage that helps protect professionals and companies from legal claims related to professional mistakes, errors, or negligence. This insurance is particularly relevant for individuals or businesses that provide professional services or advice.
Here are key features and aspects of Errors and Omissions Insurance:
1. **Professional Liability Coverage:** E&O insurance provides coverage for claims arising from errors, omissions, or negligence in the performance of professional services. This can include mistakes in advice, failure to deliver promised services, or other professional errors.
2. **Scope of Coverage:** The scope of coverage depends on the specific policy and the industry. Professions such as lawyers, doctors, accountants, consultants, real estate agents, and technology professionals often carry E&O insurance. The coverage is tailored to the risks associated with the specific profession.
3. **Legal Defense Costs:** E&O insurance not only provides coverage for damages awarded in a lawsuit but also covers the legal costs associated with defending against a claim. This can include attorney fees, court costs, and settlements.
4. **Claims-Made Policy:** E&O insurance is typically written on a “claims-made” basis, meaning that the policy covers claims made during the policy period, regardless of when the alleged error or omission occurred. This is different from occurrence-based policies, which cover incidents that occurred during the policy period, regardless of when the claim is made.
5. **Tail Coverage:** Professionals who retire, change careers, or switch insurance carriers may purchase “tail coverage” or an Extended Reporting Period (ERP) endorsement. This extends the coverage for claims made after the policy has expired, ensuring continued protection for past professional activities.
6. **Exclusions:** E&O policies often have specific exclusions, such as intentional wrongdoing, fraud, or criminal acts. It’s important for policyholders to understand these exclusions and the specific terms of coverage.
7. **Risk Management:** In addition to providing financial protection, E&O insurance can encourage good risk management practices within a profession. Professionals and businesses may implement procedures and protocols to minimize the risk of errors and omissions.
8. **Industry-Specific Requirements:** Certain industries or regulatory bodies may require professionals to carry E&O insurance as part of their licensing or contractual obligations.
9. **Limits and Deductibles:** E&O policies have limits of liability, representing the maximum amount the insurer will pay for a covered claim. Deductibles may also apply, representing the amount the policyholder must pay before the insurance coverage kicks in.
Professionals in various fields recognize the importance of Errors and Omissions Insurance to mitigate the financial risks associated with potential professional liability claims. It is advisable for individuals and businesses providing professional services to carefully review policy terms, seek appropriate coverage limits, and understand the specific risks covered by their E&O insurance.