Professional Indemnity Insurance Explained
Traditionally, longer established occupations such as Accountants, Surveyors, Solicitors and Architects were the original 'professionals'.
These were normally partnerships with unlimited liability and therefore quite literally staking their personal wealth on the quality of their work.
The origins of professional indemnity insurance go back to the 1700s when it was created to give these professionals some much needed insurance protection from the heavy risks they were underwriting themselves..
Nowadays the increasing reliance of businesses on services provided by many occupations has vastly increased the scope of the term 'professional' and a professional is regarded as any person who offers specialist advice or services. The risks are as significant as ever and mistakes can still lose a professional their business and their reputation without adequate professional indemnity insurance.
Professional Indemnity Insurance Explained - What is Professional Indemnity Insurance?
To have professional indemnity insurance explained fully, it is first good to have a clear definition of what it is. Essentially, it is an insurance product designed for professional people and firms which covers them in the event of certain errors made during the course of their business. Policies cover such things as professional negligence, errors or omissions, breaches of professional duty or conduct and civil liabilities.
This type of insurance means that professional people can work without the fear that they may be sued by a client or a third party for problems that occur as a result of their professional activities. In short, it allows professionals to carry out their work with greater confidence and peace of mind.
The Importance of Professional Indemnity Insurance Explained
Having an insurance policy that covers a professional for their work is important because it allows them to offer services without having to build in the potential costs of any mistakes they might face in the future. This means that they can be covered for contractual stipulations that might go above and beyond the normal legal expectations, for instance. Furthermore, a professional indemnity policy can also cover the legal costs and expenses that might be incurred as a result of a legal case being made against a professional for their mistake.
Without such a policy, professionals are exposed to a great deal more business risk and may need to put their prices up to account for such risk. But with this insurance they are protected against many undesirable business outcomes and can operate more competitively, as a result.
Is professional indemnity insurance a legal requirement?
Most professions require practitioners to have some form of professional indemnity insurance and regulate such matters through their professional regulations. However, in many cases such as IT, indemnity insurance is not strictly speaking a regulatory requirement
Nonetheless, those professionals who are not obliged to have this type of insurance can still benefit from it. Management, business and marketing consultants are usually not required to have professional indemnity, but frequently have it to protect themselves from the potential liability of legal fees or compensation payments.
Other sectors that often take out cover against their professional conduct include IT professionals, recruitment consultants, graphic and interior designers, personal trainers, instructors, teachers and private tutors. However, the list is much more diverse and extensive than just these professions.
How does professional indemnity insurance work?
A professional indemnity insurance policy can be an individually assessed product that is designed in a bespoke manner or it can be an automated product purchased simply online. Ideally, the policy wording will be written in such a way that it meets all of the specific needs of the policyholder.
For example, unintentional breach of a written contract concerning the supply of equipment or software might be important to an IT professional, but much less of an issue for a quantity surveyor. Likewise, damage limitation cover is likely to be of much greater interest to professionals working in marketing roles than private tutors, say.
With the relevant business covered to the appropriate level, all that then needs to be considered is the excess that will be applied. Like other forms of insurance, this is the initial amount of a claim that is not covered. The greater the excess level, then the lower the policy premiums, generally speaking.
What does a professional indemnity policy cover?
As well as the aforementioned cover – negligence, errors and omissions, breach of duty and civil liability – professional indemnity insurance should also cover contractual liabilities which are not the result of negligence - such as business interruption - and legal costs - such as those incurred from being sued. In addition to this standard form of cover, many policy types will also offer protection for business or financial loss caused by defamation, loss of paperwork, the dishonest conduct of employees and unintentional breach of confidence.
In addition, the insurance will often cover any potential infringement of intellectual property rights or copyright, something that is of great interest in the creative industries. Finally, indemnities against previous firms or former business partners can be covered as well.
How much professional indemnity insurance will I need?
When any form of insurance is bought, whether it is for a business or for personal cover, it is important to asses who much cover is required. This varies from person to person and from business to business. When it comes to professional indemnity insurance, it can be tricky to gauge just how much cover will be adequate for the business' needs.
Often it comes down to assessing the amount of financial damage that could be caused to the business from something that would be covered by the policy and working how much of that damage could be met without cover before the entire enterprise suffered. That means that there is no single solution or policy that will suit every circumstance. When considering what level of professional indemnity insurance to buy consider the potential financial power of your clients and how much resource they might have if they were to claim against you.
The other matter to weigh up is the likely cost of legal fees you might face without insurance, should you need to defend yourself. This varies from industry to industry, but bear in mind that costs tend to go up across the board for issues that are potentially complex or protracted to resolve.
You can read our helpful guidance note on this subject here What Limit of Indemnity.
How is a professional indemnity insurance premium calculated?
The premium calculation for a professional indemnity policy varies by profession as some professions are higher risk than others. Like a car insurance policy, there are many factors that go into the cost of the policy, not just the amount of cover that is required. The size of a business and its professional activities is a crucial part of any calculation that is made. Simply put, the greater the exposure to a potential claim, the more cost will be involved in the purchase of any insurance.
This might come down to the type of business activity being undertaken, but another important factor that plays a part in the calculations made by insurers is with any past claims that may have been made historically.
Who should have a professional indemnity insurance policy?
There are several professions which need to have up-to-date professional indemnity insurance policies in order to be allowed to practice by their professional bodies. These professions are ones which tend to offer their knowledge, skills or advice to clients, like solicitors, accountants, architects and financial advisers. In addition, professionals such as chartered surveyors and some healthcare experts are required to have an indemnity insurance policy by their respective professional bodies.
Outside of these key areas, there are many professionals who choose to protect themselves with professional indemnity insurance even though their trade organisations don't require it. These include advertising professionals, business consultants, designers and public relations professionals, amongst others. In short, anyone offering from professional service can benefit from it.
When is professional indemnity insurance required?
Although professional indemnity insurance is not a statutory legal requirement in terms of law, certain professions are regulated by their respective professional bodies and they may require individuals or organisations to take out a professional indemnity policy. For professionals who need to comply with all of their organisation's regulations in order to legally practice, then taking out or renewing their professional indemnity insurance becomes a de facto legal requirement. Indeed, not having insurance may, in certain circumstances, make a legal case against a professional possible in its own right.
What are the Limits of Professional Indemnity Insurance?
Although policies vary, there are several limitations on the sort of thing that professional indemnity insurance will cover. These tend to include matters like employers' liability, vehicle insurance matters, products liability and insolvency or bankruptcy. Nevertheless, other sorts of insurance policy can be taken out for these examples, if wanted.
Professional indemnity insurance also rarely covers things like bodily injury, fines and penalties or financial losses due to war or pollution and radioactive contamination.
There is a financial limit that a policy will pay out in the event of a successful claim, this is called the Limit of Indemnity. Some professional bodies set a minimum threshold for this sum, such as solicitors, who must be covered for at least £2 milion in the event of any single claim that is made against them.
The Costs of Professional Indemnity Insurance Explained
The cost of any insurance policy, including professional indemnity, varies depending on a wide range of factors, most notably the amount of cover that might be required in the event of a claim. Despite this, professional insurance cover can start from just a few pounds a month and, for many types of professional, an annual fee that is extremely affordable is all that is required to cover them for a significant amount of financial loss that would be incurred without it. Because no two professional bodies are the same, the appropriate level of cost versus cover will need to be assessed on a case by case basis every time.
What is a Professional Indemnity Insurance Certificate?
A professional indemnity insurance certificate is a document that an insurance company may provide a policyholder on request which shows that adequate insurance has been taken out. This might be needed to demonstrate to a client or trade body that the organisation in question is fully compliant with the relevant professional regulations. However, a professional indemnity insurance certificate can also be used to show to clients and potential customers to offer them peace of mind that - should they need to make a claim against the services offered down the line – adequate financial provision has been made to meet such a claim. Therefore a professional indemnity insurance certificate can be used to give a policyholder's clients peace of mind.
What is Run Off cover?
Cover under professional indemnity insurance may be required even after a business ceases trading or is subsumed within another organisation. For professional people who move into another area of business or who simply retire, claims made against them down the line can still be a very real possibility.
Therefore, so-called run off cover is available which is designed to offer the same level of peace of mind for a professional person who is no longer offering services. Such indemnity policies are ideally purchased when a professional going concern ceases to trade, whatever the reason. This could be due to the closure of a limited company, for example, but also partnership dissolution is another common reason for taking out a run off policy.
Furthermore, some professionals choose to opt for it when they change to a new insurance provider. In some cases several years worth of cover can be purchased in a single go, without the need to renew, under a single policy certificate.
How do I buy a professional indemnity insurance policy?
Professional indemnity policies tend to be sold by specialist brokers like us, who are experts in their chosen field. Since some professional bodies require certain stipulations with their members' indemnity policies to be met, such as the level of cover required, going to an insurer with expertise in their field can be invaluable. They will be able to understand all of your business needs and help you to ascertain potential areas of risk that you may not have identified yourself. In addition to individual insurance companies, professional indemnities can be purchased via brokers.
To find a broker who has the necessary expertise to meet the requirements of a particular profession, it can be advisable to make contact with the British Insurance Brokers' Association to help you narrow your search down. Once a policy has been drawn up, payment is usually expected for a year's worth of cover, although some insurers accept monthly transactions, too.
Professional Indemnity Insurance Glossary of Terms
Breach of duty - When a professional or company fails to meet a duty of care towards another.
Breach of confidence – Revealing something without informed consent.
Civil liability - The responsibility for paying potential damages following a lawsuit.
Compensation – An enforced financial remedy for losses or injury incurred.
Defamation – Libel or slander.
Error - A mistake requiring legal remedy.
Negligence – Professional conduct that does not meet the standards of behaviour established by law.
Omission – Failing to perform an act that has been agreed to or inadvertently leaving a word, phrase or clause out of a written document.
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This guidance note is intended for information purposes only. It is not and does not purport to be legal or accountancy advice. Whilst all care has been taken to ensure the accuracy of the guidance note it is not to be regarded as a substitute for specific advice. This guidance note shall not be reproduced in any form without our prior permission. © 2017. All copyright is owned by Professional Indemnity Insurance Brokers Ltd