What are Errors and Omission Insurance?
Errors and Omission Insurance is a kind of insurance wherein a professional and the company are insured from the liability that may arise as a result of the claims made against them about inadequate or incorrect work, or negligence in the work done. Thus, it is an insurance that provides indemnity against claims arising on account of professional misconduct or negligence.
Explanation
- This protects the professionals as well as the companies from the claims made by the clients against the professionals. Such professionals, whether independent or associated with companies, maybe providing advice or consultancy in the capacity of a lawyer, financial advisor, and so on to the clients.
- When the client, owing to errors or omissions on the part of the professional, incur a financial loss, may file a claim against such professional or the company who engaged such professional. Having such insurance will protect the professional or the company against the full liability of the claim.
Features
- It is a kind of liability insurance.
- It protects the professionals as well as companies who have engaged them against the damages awarded in a lawsuit against such professionals in respect of the lawsuit filed by the client due to the negligence of the professional in carrying out the assignment.
- The insurance does not cover criminal liabilities or other certain liabilities that are kept out of the scope of the insurance agreement.
- The coverage of insurance includes costs concerning courts and any settlement amount as may be provided in the insurance agreement.
Example
A mortgage broker agreed with his client to undertake certain mortgages on account of his client, which is the lender. However, the mortgages undertaken by the mortgage broker went in default, as a result of which the lender suffered losses when the said properties were sold. The client being aggrieved filed suit against the mortgage broker (professional) on account of the incapability of the mortgage broker to correctly evaluate the ability of the borrower in repayment of mortgage loans and also for incorrectly evaluating the value of underlying properties.
Errors and Omission Insurance Cost
The cost of the insurance is dependent on many factors, which are discussed in detail hereafter.
- Business Size: A company with a large number of professional employees may be subjected to higher risk, and thus, higher costs will be involved.
- Revenue: When a large amount of revenue is involved, it calls for greater investment in insurance as the risk is also high.
- Industry: It can not be denied that insurance needs will be different for different industries. Some professions may have higher chances of error and omission as compared to other professions.
- Training Cost: Higher the amount is spent on the training of the employees; the less is the cost that is required for insurance.
- Claim History: A company with a history of suits with being required to pay higher proceeds to the insurance company.
- Coverage Limits: Those insurance arrangements where the coverage limits are high will be accompanied by higher insurance costs.
Who Can Buy Errors and Omission Insurance?
Normally errors and omission insurance is opted for by following professionals.
- Medical professionals
- Legal professionals
- Finance professionals
- Insurance agents and brokers
- Construction professionals
Errors and Omissions Insurance vs Professional Liability
- Professional liability is insurance coverage that protects traditional professionals only, such as physicians, lawyers, etc. However, the term used for quasi-professionals, such as real estate brokers, is errors and omissions insurance.
- Nowadays, insurance companies have started using both the terms interchangeably.
Needs
This arises because any claim against your business can lead to the risk of heavy losses in your business on account of huge liabilities that may arise as a result of claims by the clients. The losses will be incurred on account of legal expenses even if the professional persuade the client to later withdraw the lawsuit against him. The claim awarded may be hefty and may cost millions. Having errors and omission insurance will keep the professionals protected from such losses.
Benefits
Errors and omission insurance is beneficial since it provides cover for the following types of costs.
- Lawyer fees
- Court fees
- Administrative expenses such as documentation costs
- Settlement or the judgment claim awarded against professional
Conclusion
It is of great importance for the professionals, and the companies to avail errors and omission claims as the same can protect them against huge liabilities that may build-up due to lawsuits by the clients on account of neglect done by professionals in their work towards the client.
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