5 Components of a Great Errors and Omissions Policy

Mistakes. No one likes them, but we all make them. And in the fast-paced and complex world of business, mistakes are inevitable. The good news is that the fallout can be mitigated with a robust Errors and Omissions (E&O) insurance policy.

E&O insurance, also known as Professional Liability insurance, provides protection against claims of negligence or inadequate work. Make sure your client's business is protected with these five key components of a great E&O policy.

1. Comprehensive Coverage Tailored to the Business

A solid E&O policy offers comprehensive coverage tailored to the specific risks of your client's industry, addressing potential errors, omissions or negligence in the services or products provided.

From contractual disputes to unintentional breaches, the policy should be a safety net that covers a wide range of professional liabilities. Thoroughly examine the policy to ensure its definition of professional services aligns with your client's business.

2. Adequate Limits

The limits of liability in an E&O policy are crucial; they represent the maximum amount the insurance company will pay in the event of a claim. Unlike many other insurance policies, defense costs are generally included within the limit.

With that in mind, it's essential to assess the business' size, revenue and potential exposure to determine the appropriate coverage limits. Underestimating these limits could leave the business vulnerable, while overestimating might lead to unnecessary premium costs. Striking the right balance ensures the policy is both effective and cost efficient.

3. Clear Exclusions

While comprehensive coverage is crucial, clear exclusions are equally important. Exclusions define the boundaries of the policy and clarify what is not covered. Understanding these exclusions and making sure none conflicts with the professional services your client offers is vital for managing expectations and preventing further misunderstandings.

Additionally, review any contractual liability or written contract exclusion. The removal of this exclusion or most favorable wording is critical. Be sure to review this section carefully and seek clarification on any terms that may be ambiguous.

4. Timely Reporting and Retroactive Dates

Timely reporting is a fundamental aspect of any E&O policy, as delays in reporting a claim could jeopardize coverage. Make sure that the policy specifies a reasonable timeframe for reporting incidents.

Additionally, pay attention to retroactive dates, which determine the period during which an incident must occur to be eligible for coverage. Understanding these dates is crucial to avoiding gaps in coverage and ensuring that past work is adequately protected.

5. Legal Support and Defense Costs

Legal battles can be financially draining, and having a policy that covers these expenses can make a major difference. A great E&O policy not only provides financial protection but also includes coverage for subpoena expenses and defense costs.

Verify the terms and applicable sub-limits related to subpoena expenses and defense costs to check that the policy provides the coverage needed to successfully navigate potential legal challenges.

A truly comprehensive E&O policy goes beyond basic coverage. It should be tailored to your client's business, offer adequate limits, have clear exclusions, specify time limits and include provisions for subpoena expense and defense costs. Carefully checking these components is key to protecting a business against uncertainties that may arise in the course of providing professional services.