Professional liability insurance, also called errors and omissions insurance (E&O), covers the cost of client lawsuits over unsatisfactory work. This insurance coverage is required for limited liability companies (LLCs) and limited liability partnerships (LLPs) in Massachusetts.
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 client claims for many Massachusetts businesses:
Any business 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:
IT consultants and other tech professionals are susceptible to lawsuits related to system downtime, data breaches, missed deadlines, and errors.
They can protect against these risks by bundling E&O insurance and cyber liability insurance into one policy: technology professional liability insurance, frequently called tech E&O.
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, including agents and insurance brokers, deal with large amounts of financial data and at times have to 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.
Massachusetts law, from Boston to Cambridge, does not require most small business owners to have a professional liability insurance policy. However, all limited liability companies and limited liability partnerships are required to carry professional liability coverage in the state of Massachusetts.
In addition, you might need this coverage to sign a contract or to get a license in your field.
Professional liability is referred to as medical malpractice insurance when it applies to doctors and other healthcare professionals, such as therapists. Massachusetts state law requires practicing physicians and surgeons to carry medical malpractice coverage.
Physicians and surgeons are required to carry a liability limit of $100,000 per-occurrence and $300,000 aggregate per year/policy period.
Massachusetts hospitals and health centers may require medical professionals, besides physicians, to carry malpractice coverage. It’s especially essential in a setting where a mistake could cause a bodily injury or worsen a medical condition.
For home inspectors, professional liability coverage is often referred to as errors and omissions insurance. The state of Massachusetts requires home inspectors to carry errors and omissions coverage with a minimum aggregate limit of $250,000.
For lawyers and legal professionals, professional liability is also known as legal malpractice insurance. Massachusetts doesn’t require attorneys to carry legal malpractice insurance, but this insurance can provide crucial protection in the event of a lawsuit.
Massachusetts doesn’t require real estate agents to have E&O insurance, but clients may ask their agent to have this coverage and stipulate proof of insurance in business contracts.
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The average cost of professional liability insurance nationwide is $61 per month. In Massachusetts, the average cost is $81 per month.
The cost of professional liability coverage depends on several factors, such as:
Professional liability insurance covers your legal defense costs if you’re sued over a mistake in your professional work.
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.
This policy can be very affordable for small, low-risk businesses. Contact an insurance agent if you need help choosing the right coverage limits or other options.
A professional liability policy covers a wide range of lawsuits, but it will not cover intentional harm you cause to others. Most commercial insurance companies exclude:
General liability insurance does not include professional liability coverage—they are both different types of business liability insurance. Commercial general liability covers common business risks and liability claims such as customer bodily 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, which would include your legal 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.
General liability and professional liability are often the first two policies bought by Massachusetts professionals. However, they are not the only coverage options you might need.
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.
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