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Professional liability, directors and officers, and employment practices

Draft for review

Professional liability pays for claims that your service or your advice caused someone a financial loss. People also call the errors-and-omissions form an E&O policy. Directors and officers, employment practices, and fiduciary coverage are neighbors. They are not the same policy, and a general liability quote does not include them.

What it covers

Errors and omissions: a mistake, an omission, or a negligent professional act, as the form defines it, and the defense of that claim. Directors and officers: claims against directors and officers for their decisions. Employment practices: specified employment claims. Fiduciary: specified benefit-plan claims. Each form has a limit, a deductible or retention, and a claims-made trigger on many contracts. Claims-made means the policy that responds is the one in force when the claim is made, not only when the work was done. The retroactive date matters. Ask about it.

What it doesn't cover

Bodily injury and property damage, which stay on general liability. Employee injuries, which stay on workers' compensation. A guarantee that your work will be profitable for the client. Fraud and intentional illegal acts, as excluded. A claim you knew about before the policy started. Auto. A medical or legal malpractice form is its own class. We will not call a generic E&O policy a medical form.

Florida specifics

Some professional licenses and many client contracts require proof of this coverage. The Department of Business and Professional Regulation is where a lot of those licenses live. The requirement, if there is one, is in the practice act or the contract, not in a general business rule. A Northeast Florida nonprofit, a bookkeeper, a consultant, and a design firm do not buy the same form. The application asks about the work in detail. A vague description gets a vague policy.

How we help

Tell us what the firm actually does, whether a license or a contract requires a limit, and whether anyone has made a claim or sent a letter. We shop the forms the agency can place and we will say when a class has to go to a specialist. Start a business quote and name professional liability, or call either office.

Questions people ask

How is this different from general liability?

General liability covers bodily injury and property damage. Professional liability covers a claim that your advice or your service caused a financial loss. A broken pipe is one policy. A bad set of books, a missed filing, or a design error is the other.

What is directors and officers liability?

It responds to claims against the people who govern an organization, for how they governed it. Nonprofits ask about it often. It is not general liability for a guest who falls, and it is not a bond.

What is employment practices liability?

Claims by employees and applicants for things like wrongful termination, discrimination, or harassment, as the form defines them. Workers' compensation does not cover those claims. Neither does general liability.

What is fiduciary liability?

Claims that someone mismanaged an employee benefit plan. It is a narrow form. A firm with a retirement plan should ask about it separately. It is not life insurance for the employees.

Related

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Sources

  1. Florida Office of Insurance Regulation
  2. Florida Department of Business and Professional Regulation
  3. Florida Department of Financial Services, Division of Consumer Services