Professional Liability Insurance in Florida
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Professional liability insurance in Florida

Professional liability insurance coverage, also called errors and omissions insurance (E&O), protects small business owners against the cost of client lawsuits over unsatisfactory work. Although not required by state law, it's strongly recommended for professional service providers in Florida.

What is covered under professional liability insurance in Florida?

Professional liability insurance covers the cost of lawsuits related to the quality of your work, including legal fees and settlements.

It covers the following types of customer claims for many Florida businesses:

  • Claims of negligence, such as an architect who creates an unsafe building design.
  • Work mistakes and oversights, such as an accountant who makes a mathematical error or fails to include the right data in their work resulting in a financial loss to the client.
  • Medical malpractice, such as a doctor who incorrectly diagnoses a medical condition, resulting in a bodily injury.
  • Missed deadlines and undelivered services, such as a web designer who fails to build a website before a client’s busy season.
  • Inaccurate advice, such as an attorney who misinterprets a legal statute that results in a costly mistake.

By Florida law, doctors must carry a malpractice insurance policy with a $100,000 per-occurrence limit and a $300,000 aggregate limit to practice medicine.

Who should carry professional liability insurance in Florida?

Any business, from Orlando to Miami, that provides a professional service or expert advice should carry professional liability coverage, as a client could sue if your service or advice causes accidental harm. Even an unwarranted lawsuit can be expensive between attorney’s fees, court costs, or a settlement.

Industries often at risk for professional liability claims include:

Technology professionals

IT consultants and other tech professionals are susceptible to lawsuits related to system downtime, data breaches, missed deadlines, and errors. Technology professional liability insurance is a form of errors and omissions insurance. When combined with cyber insurance into one policy, it's called tech E&O.

Building design businesses

Those who work in building design, such as architects and engineers, are at risk of a lawsuit if a client accuses them of making a costly mistake. For example, a bridge could develop cracks over time, or a project could be delayed for months due to unforeseen circumstances.

Insurance professionals

Insurance professionals, including agents and insurance brokers, often deal with large amounts of financial data and must use their best judgment in advising their clients. If a client doesn’t have enough coverage, or the right type of coverage, they might blame their agent or the insurance agency for failing to make sure they were protected.

Even if you’ve done nothing wrong, a disgruntled customer might file a lawsuit if your advice leads to a financial loss.

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Is professional liability insurance required in Florida?

In Florida, most small business owners aren't required to carry a professional liability insurance policy. However, you might need this coverage to sign a contract or to get a license in your field.

Healthcare professionals

Professional liability is referred to as medical malpractice insurance when it applies to doctors and other healthcare professionals, such as therapists. By Florida law, doctors must carry a malpractice insurance policy with a $100,000 per-occurrence limit and a $300,000 aggregate limit to practice medicine. Higher limits are required for doctors who have hospital staff privileges or perform surgery in an ambulatory surgery center.

However, there are alternative means of covering these costs (i.e., a trust account and letter of credit). Additionally, there’s an exemption to carrying medical malpractice insurance, but the healthcare professional must publicly display their exemption and provide a written notice to all clients.

Real estate agents

Though E&O insurance is not required for Florida real estate agents, some states require agents and brokers to carry it.

Attorneys

For lawyers, professional liability is also known as legal malpractice insurance. Florida doesn’t require attorneys to carry legal malpractice insurance, but lawyers must report whether they do carry the insurance each year when they register.

How much does professional liability insurance cost in Florida?

View video transcript.

Get professional liability insurance to protect yourself from claims that you didn't deliver on a deadline, or made a costly mistake.

Some clients require you to have this policy. It can protect you from expensive lawsuits for only about 60 dollars per month.

Don't put your business at risk. Apply for your policy today!

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The average cost of professional liability insurance, both nationwide and in Florida specifically, is $71 per month.

The cost of professional liability coverage depends on several factors, such as:

  • Your type of business, industry, and similar risk factors
  • Coverage limits and deductible
  • Your business size and location
  • Day-to-day operations
  • Your claims history

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How does professional liability insurance work in Florida?

Professional liability insurance covers your legal defense costs if you’re sued over a mistake in your professional work, and it's often affordable for small businesses.

Even if you’ve done nothing wrong, a legal battle can be expensive. In addition to your attorney’s hourly rate, you’ll likely be charged for administrative costs such as copying, filing, and travel expenses. You may also have to pay for expert witnesses to testify on your behalf, a court-ordered legal judgment, or a settlement to avoid trial.

Professional liability insurance covers all of the above, up to the coverage limits of your policy. The policy limits you choose should take into account how expensive it can be to fight a professional liability lawsuit. You also need to determine the amount of coverage required to obtain a contract or work in a certain field.

For example, healthcare professionals in Florida will likely need liability limits of $1 million per claim, and $3 million in aggregate per year.

Are there any exclusions in professional liability insurance?

A professional liability policy covers a wide range of lawsuits, but it won't cover intentional harm you cause to others. Most insurance companies exclude:

  • The illegal violation of any law, regulation, or statute
  • Any services you provide under the name of another entity, such as a subsidiary business or organization not listed on your policy
  • Defamation, such as libel and slander
  • Discrimination

Does general liability insurance include professional liability coverage?

General liability insurance doesn’t include professional liability coverage. General liability covers common business risks and liability claims such as customer injuries, customer property damage, and advertising injuries.

If a customer falls and suffers an injury at your workplace, it would be covered by your general liability policy, including any legal defense costs. If someone sues you over unsatisfactory work, it would be covered by your professional liability coverage.

Read more about general liability vs. professional liability insurance.

What other types of insurance should FL businesses consider?

General liability coverage and professional liability are often the first two policies bought by small business owners. However, they aren’t the only types of insurance policyholders might need.

Workers’ compensation insurance is required for all Florida businesses with four or more employees. However, construction businesses must have coverage for every employee. This policy covers medical costs and lost wages for work-related injuries and illnesses.

Commercial property insurance covers your business’s physical location and equipment. It’s often required to sign leases.

A business owner’s policy (BOP) combines general liability and commercial property insurance. It’s usually less expensive than buying each policy separately.

Commercial auto insurance is required in Florida for any vehicles used solely for work purposes.

Cyber insurance, also called cyber liability, covers the cost of dealing with a data breach or malicious software attack.

Employment practices liability insurance (EPLI), a type of management insurance, protects against legal expenses related to claims of harassment, discrimination, wrongful termination, and other violations of employees’ rights.

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Professional liability vs. malpractice insurance

Professional liability and malpractice insurance both protect against professional liabilities a business might face. However, they cover two separate types of claims, and you may need to purchase one or both policies depending on your risks.

How do I get professional liability insurance for my Florida business?

Complete Insureon’s easy online application today to get insurance quotes from top-rated U.S. providers. Our Florida-licensed insurance agents can help answer any questions you have about your coverage options.

Once you find the right small business insurance, you can receive a certificate of insurance and begin coverage in less than 24 hours.

Updated: August 1, 2024

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