Professional liability insurance, also called errors and omissions insurance (E&O), protects small business owners against the cost of client lawsuits over unsatisfactory work. This insurance coverage isn't required by Michigan law, but you may need it for client contracts.
Professional liability insurance covers the cost of lawsuits related to the quality of your work, including legal fees and settlements.
It helps pay for the following types of client claims for many Michigan 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 bundle E&O insurance and cyber insurance into one policy: technology professional liability insurance, often called tech E&O.
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.
Michigan law does not require small business owners to have a professional liability insurance policy. However, 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. Michigan state law does not require medical professionals to carry this coverage.
However, you may need malpractice insurance to work in a specific hospital or other healthcare facility.
Architects and engineers who work on state or government projects in Michigan are typically required to carry an E&O policy.
For example, architects working with the Michigan State Housing Development Authority (MSHDA) must carry errors and omissions coverage equal to either $1 million or 10% of the construction contract amount, whichever is the greater number, and list MSHDA as an additional insured.
Though E&O insurance is not required for Michigan real estate agents, some states require agents and brokers to carry it.
For lawyers, professional liability is also known as legal malpractice insurance. Though it's not required by law in Michigan, it's considered a best practice and also required to participate in the State Bar of Michigan's Lawyer Referral Service.
Architects and engineers who work on state or government projects in Michigan are typically required to carry an E&O policy.
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The average cost of professional liability insurance nationwide is $66 per month. In Michigan, the average cost is $59 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.
The right policy will give you peace of mind that you'll be covered, even if you've done nothing wrong. Professional liability can be very affordable for Michigan professionals. 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 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 small business owners. However, they are not the only coverage you might need.
Workers’ compensation insurance is required for Michigan businesses that have employees. Workers' comp covers medical costs and lost wages for work-related injuries and illnesses.
Commercial property insurance covers your business property, including your building. It’s often required to sign a commercial lease.
A business owner’s policy (BOP) combines general liability coverage and commercial property insurance. It's usually less expensive than buying each policy separately.
Commercial auto insurance is required in Michigan state for all commercial vehicles. It covers the cost of an accident involving your business vehicle.
Cyber insurance covers the cost of dealing with a data breach or malicious software attack.
Employment practices liability insurance (EPLI), a type of management liability insurance, protects against lawsuit expenses related to claims of harassment, discrimination, and wrongful termination that professional liability typically won’t cover.
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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Our licensed insurance agents can help answer any questions and provide advice about your insurance needs and the types of coverage available.
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