Errors and omissions insurance

If you provide professional advice or services to clients, you likely need this policy.

Your clients might require errors and omissions insurance in the terms of a contract. And it’s strongly recommended for professionals who make a living off their expertise.

E&O insurance, also called professional liability insurance or professional indemnity insurance, protects your business if you’re accused of a mistake, oversight, or professional negligence.

This policy will cover legal defense costs related to the lawsuit, including court costs, settlements, and judgments. You’ll typically pay a deductible, and your insurance provider will pay legal expenses up to your coverage limit.

Most E&O claims are straightforward, such as failing to deliver a product or service as promised. However, claims of professional negligence can be more complicated.

When a client hires you to provide a specialized skill, they’re entitled to a reasonable standard of care. If you deliver inadequate work, the client can sue for professional negligence.

Specifically, errors and omissions insurance coverage includes:

Errors and omissions insurance benefits a variety of industries that provide services directly to a client or customer. It is designed for both businesses and independent contractors that make a living off of their expertise.

Some professionals may need this coverage to work for a certain client or to comply with state laws. Industries that often require E&O coverage include:

IT professionals typically buy technology errors and omissions insurance (tech E&O), which includes both E&O insurance and cyber insurance. This bundle protects against lawsuits over contract disputes, coding errors, and data breaches.

Some clients will only work with tech companies that can prove they have an active E&O insurance policy, even if they have cyber insurance.

For instance, a client hires an IT consultant to protect their customer data, but a data breach exposes the names and credit card details of thousands of customers. The client believes the IT consultant should have been able to prevent the incident and files a negligence lawsuit.

E&O coverage for insurance agents can protect against an oversight that left a client vulnerable to liabilities. It also covers bad advice that led to inadequate coverage. Some clients may require proof of E&O insurance before they agree to work with you. It's also required in some states, depending on the type of work you do.

For example, an insurance agent fails to procure adequate auto insurance coverage for a client, despite promising to do so. When the client gets in an accident and goes to make a claim, they’re surprised to find themselves uninsured. They sue the insurance agent for failing to secure the appropriate coverage.

Some states require errors and omissions insurance for real estate agents and brokers. This policy helps pay for lawsuits over failure to close, mismanagement, disclosure errors, or other professional issues. Unless you can prove you carry an E&O policy, some clients, buyers, or sellers may refuse to work with you.

For instance, a real estate agent makes an error on an MLS sheet, incorrectly listing a home’s square footage as more than it is. The homebuyer realizes the error after purchasing the home and sues the agent. The real estate agent’s E&O policy covers the cost of hiring a lawyer and the eventual court-ordered judgment.

Many professionals, such as notaries, travel agents, and recruiters, make their living by advising others based on their industry knowledge and expertise. A mistake, such as poor advice or a miscalculation, can result in negative consequences that can impact the business or even result in a lawsuit.

Errors and omissions insurance can support professional service providers in the event that a client is unhappy with the services provided.

E&O insurance for tax preparers covers the costs of lawsuits over missed deadlines, accounting errors, or lost documentation. This policy offers indirect protection for the client if there’s a mistake in their taxes. That’s why some clients will ask for proof of insurance before they’ll use your financial services.

For example, a tax preparer fails to file a client’s tax return before the deadline and now the client is forced to pay a costly fine. To recoup the fine, the client sues the tax preparer for missing the filing deadline.

Complete our easy online insurance application to get free quotes from top-rated providers. Insureon's expert insurance agents can help you choose the best errors and omissions coverage for your business's needs.

You can typically get coverage quickly and receive a copy of your errors and omissions insurance certificate on the same day you apply for quotes.

While errors and omissions insurance covers many aspects related to legal action from a client, it does have a number of coverage exclusions. For example, it only covers the cost of defending against lawsuits – it doesn't pay for lawsuits you initiate. Also, mistakes that are made intentionally are not covered.

Unless your policy has prior acts coverage, it will only cover any claims filed while the policy is active and for incidents that occurred after you bought the policy. In this case, endorsements can fill gaps in your errors and omissions coverage.

Other exclusions and exposures from errors and omissions insurance coverage include:

Errors and omissions insurance covers legal defense costs related to accusations that you failed to meet expectations or were negligent in your work.

You'll need to contact your insurance company in order to make an errors and omissions claim. It's a good idea to have the relevant information on hand, such as your policy number and details about the incident.

Be aware that errors and omissions insurance is a claims-made policy. That means your policy must be active both at the time of the incident and when the claim is filed in order to benefit from coverage.

When you buy an E&O policy, you can set a retroactive date to secure coverage for work you've done in the past. With this type of insurance, it's important to maintain continuous coverage so you don't end up paying for legal fees out of pocket.

Most small businesses can benefit from carrying both general liability and E&O insurance, as these policies protect against different types of lawsuits.

You can look to a general liability policy for protection against common accidents, such as customer slip-and-fall injuries or accusations of slander. These types of liability claims can happen at any business.

On the other hand, an errors and omissions insurance policy will cover claims of professional negligence, not bodily injuries. You'll want to consider this coverage if your work could harm a client's finances. It's recommended for businesses that provide professional services or expert advice to clients.

You can find answers to other common questions about E&O insurance in our frequently asked questions about errors and omissions insurance.

For questions about coverage, you can also contact an Insureon agent who can discuss your coverage options and give you insurance quotes from trusted providers.