Errors and Omissions Liability Coverage:
Errors and Omissions insurance (also known as Professional Liability insurance) is a
basic safeguard for your IT business. Errors and omissions insurance protects
technology businesses against potentially catastrophic litigation involving professional
negligence or charges of failing to perform professional duties. Errors and Omissions
coverage can make the difference between the survival or failure of a business when
faced with these types of legal threats.
Errors and Omissions Insurance Protects Against Legal Threats:
Errors and Omissions insurance protects technology companies if they are faced with
the two most common forms of liability risks; 1) claims for "malpractice" in which
companies are sued for failing to maintain accepted standards of care as a technology
professional or company, and 2) breach of contract claims for failing to perform
contracted services in a timely manner and within the contractual terms. Either one
of these types of errors and omissions allegations can tie up company funds, personnel
and attention for years. Errors and Omissions insurance is especially necessary in the
new technology age where the law is still being formed. In many cases, courts are
defining what a computer professional is and what the expectations are for services
and contracts. The laws around computer consulting and contracting are too new to
have established legal precedents. With no precedents, the legal waters are murky
and dangerous for the company or consultant without Errors and Omissions coverage.
Errors and Omissions Insurance Protects Against Changing Tort Law:
Tort law, established law covering contracts, has had time to establish contractual
expectations for other types of professionals and professional activities, but the cyber-service
world is too new to be clearly addressed by existing law. This means that much of the tort
law is still to be formed through court cases and judgments. What may not be actionable
today could result in huge court awards next year. The upshot is that no one can protect
against what may be decided in court cases in the near future, except with Errors and
Omissions insurance.
All Types of Hi-Tech Firms Need Errors and Omissions Insurance:
Massive software giants, multinational hardware producers and individuals writing programs
or servicing computers out of their homes are all equally at risk for Errors and Omissions
liability suits. Whether it is a catastrophic software crash or network failure that ties up
services for expensive hours, the result to the consulting firm or individual can be an
unforeseen lawsuit. Errors and Omissions insurance protects against the financial effects
of potentially disastrous court cases.
Errors and Omissions Coverage for Subcontractors:
Many computer consulting companies are becoming aware of these legal threats and,
to protect themselves and subcontractors, are requiring their subcontractors (generally
those workers receiving a 1099 instead of a W-2 at the end of the year) to carry Errors
and Omissions Insurance. If a client company experiences what it perceives to be an
actionable error or omission, even if the problem occurs months after the initial consulting
activities, both the consulting firm and subcontractors can be held liable and met with law
suits. Errors and Omissions insurance protects both parties as they face the legal battles.
Errors and Omissions Coverage can be Tailored to Fit:
Errors and Omissions insurance can be highly tailored to the needs of technology firms.
For example, the Errors and Omissions insurance policy can include the persons covered,
exclusions, length of coverage, definitions, professional responsibilities and other information
pertinent to technology businesses.
Errors and Omissions insurance can be the unsung hero of the insurance portfolio,
protecting computer companies of all sizes from both known and unknown legal dangers.