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Errors and Omissions Insurance in Pennsylvania
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Errors and omissions (E&O) insurance in Pennsylvania

Pennsylvania law doesn't often require businesses to carry E&O insurance, but you might still need it to sign a contract or get licensed in your field. It provides crucial protection against lawsuits related to your work performance.

What is covered by errors and omissions insurance in Pennsylvania?

Errors and omissions insurance helps pay for legal costs when your business is sued for professional negligence. That includes a wide range of claims, such as:

  • Mistakes and oversights
  • Breach of duty
  • Late or incomplete work
  • Misrepresentation
  • Undelivered services
  • Budget overruns

If a client files a lawsuit related to the quality of your work, errors and omissions insurance will cover attorney's fees, court costs, settlements, and judgments.

Depending on your profession, you might see errors and omissions insurance in Pennsylvania called an E&O insurance policy, professional liability insurance, or malpractice insurance. Though the name varies, these policies all provide similar protection.

Although Pennsylvania law doesn't require it, many professionals and small businesses still need to carry E&O insurance.

Who should purchase errors and omissions insurance in Pennsylvania?

Businesses that provide professional services or advice should carry E&O coverage, since their work can directly affect clients' finances. If a mistake could cause your client to lose money, you should invest in this coverage.

Errors and omissions insurance can also pay for frivolous lawsuits. For instance, an unhappy client could sue your business to recover their losses, even if it wasn't your fault. These lawsuits can still cost a significant amount in legal defense fees.

Other circumstances outside your control could lead to a lawsuit, such as losing a key staff member right before an important deadline. For these reasons and more, a wide range of professionals depend on E&O insurance for financial protection.

Here are the top industries that depend on this policy, along with some situations where they might need it:

Tech companies

Sole proprietors, startups, and corporations in the tech industry rely on E&O insurance to protect against lawsuits from dissatisfied clients.

Tech professionals often buy this coverage alongside cyber insurance in a package called technology errors and omissions insurance, or tech E&O. This bundle helps pay for lawsuits related to data breaches and cyberattacks.

Examples of situations where tech professionals in Pennsylvania may require E&O coverage include:

Professional services

Businesses that provide professional services carry E&O insurance to cover financial losses in case a client isn't satisfied with their work.

Although notaries public aren't required to carry errors and omissions insurance, they need to have a $25,000 notary bond to fulfill state law requirements.

Examples of situations where professional service providers in Pennsylvania may require E&O coverage include:

  • An event planner fails to book a venue they'd guaranteed for a client's wedding.
  • A security guard overlooks a threat and someone vandalizes their client's property.
  • A recruiter makes a typo in a job listing and candidates expect a higher salary and different benefits.

Construction contractors

When a construction company makes a mistake, the results can be devastating. That's why E&O insurance is common in construction. Here, you're more likely to see it called professional liability coverage.

Examples of situations where construction professionals in Pennsylvania may require E&O coverage include:

  • An electrician installs faulty wiring, which causes a fire that damages a client's home.
  • A painter fails to complete a project on time, forcing a store to delay its grand opening.
  • A general contractor doesn't comply with building codes, forcing the homeowner to complete a costly renovation on an outbuilding.
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Is E&O insurance required by law in Pennsylvania?

Though it's not mandated by law in Pennsylvania, many professionals and small businesses still need to carry E&O insurance to sign contracts or work in other states. Here are the fields that most often need this coverage, and examples of when they might need it.

Doctors and nurses

State laws sometimes require physicians, especially those with admitting privileges, to carry medical malpractice insurance. In Pennsylvania, doctors, hospitals, and healthcare providers must carry malpractice coverage with a $1 million per occurrence and $3 million aggregate limit, according to the Mcare Act.

Healthcare professionals often need this coverage to work at hospitals and other healthcare facilities, and to participate in health networks.

Examples of situations where Pennsylvania healthcare workers may need malpractice coverage include:

  • A registered nurse accidentally gives the wrong dose of medication to a patient, who suffers an adverse reaction.
  • A home health aide misses an appointment and their client is alone when they suffer a medical crisis.
  • A chiropractor makes an improper adjustment that worsens a client's back pain.

Agents and brokers

Agents and brokers in both the insurance and real estate industries rely on errors and omissions insurance, partly because their work can significantly affect clients' finances.

States also sometimes mandate coverage, though Pennsylvania does not require it. Individual brokerages within Pennsylvania may require their agents to carry this coverage in order to practice there.

Examples of situations where Pennsylvania agents and brokers may need malpractice coverage include:

    • A real estate agent makes a mistake in an MLS listing, and the buyer discovers the property was smaller than advertised after they've finalized the purchase.
    • An insurance agent fails to protect a client against risks they thought they were covered for, but they didn't find out until a flood swamped their property.
    • A claims adjuster is sued for denying a valid claim because they accidentally looked at a neighboring property instead of the policyholder's home.

    Home inspectors are required to carry general liability insurance as well as a $100,000 per-occurrence and $500,000 aggregate limit E&O policy in order to operate in Pennsylvania.

    Attorneys

    In Pennsylvania, lawyers are legally required to inform clients if they don't have at least $100,000 per occurrence / $300,000 aggregate in legal malpractice insurance.

    Malpractice insurance is a crucial part of working for a law firm and proving that your business is reliable.

    Examples of situations where Pennsylvania legal professionals may need malpractice coverage include:

    • A law firm misses a deadline for submitting paperwork to the court on behalf of their client.
    • An attorney fails to get consent from a client before making an important decision for them.
    • A legal assistant misplaces a key document that was needed for a client's case.

    How much is E&O insurance in Pennsylvania?

    A small business owner calculating the cost of errors and omission insurance.

    Errors and omissions insurance costs an average of $76 per month for small businesses in Pennsylvania, based on policy data from TechInsurance customers.

    The cost of E&O insurance depends on:

    • Type of business
    • Your location
    • Business revenue
    • Your policy limits and deductible
    • Number of employees
    • Claims history

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    How does errors and omissions insurance work in Pennsylvania?

    If you're sued in Pennsylvania over a mistake in your professional work, errors and omissions insurance can cover your legal defense costs. It's an affordable policy for many small businesses, especially those with low risks.

    Keep in mind that E&O insurance is a claims-made policy, so it works differently from occurrence-based policies like general liability insurance. With E&O insurance, you must keep your policy active in order to file a claim. That's true even for incidents that happened while you had coverage, which is why you should think twice before you cancel your policy.

    Errors and omissions insurance policies cover both legitimate and frivolous lawsuits. A legal battle can be expensive, including your attorney's hourly rate, administrative costs, and the resulting settlement or judgment. E&O insurance covers all of these expenses, up to your policy limits.

    When choosing your coverage limits, consider how much a lawsuit could set your business back financially. The deductible should be an amount you can easily afford, as you'll need to pay it before you can collect on a claim.

    Are there any exclusions in errors and omissions insurance?

    As with other policies, E&O coverage includes exclusions that depend on your insurance company and your policy details. In general, E&O policies won't cover the following:

    • Discrimination and abuse
    • Criminal acts
    • Lawsuits filed by your business

    For instance, this policy won't help with legal fees if you decide to sue a client over a contract dispute or other issue. It'll only cover legal defense costs in the event of a lawsuit against your business.

    Intentional harm, violations of laws and regulations, and services provided by subsidiaries or organizations not listed on your policy would also not be covered. Discrimination and abuse are typically covered by another policy called employment practices liability insurance (EPLI).

    Does general liability insurance include E&O coverage?

    General liability insurance does not typically include errors and omissions coverage, though it's possible to buy these coverages together in some industries.

    These two policies protect against different kinds of risks, which is why small business owners often carry both types of insurance coverage.

    • General liability insurance covers accidents that harm someone outside your business, such as a customer who slips in your office and suffers a concussion, or an incident where an employee drops and breaks a client's laptop. It also covers advertising injuries, such as copyright infringement, libel, and slander.
    • Errors and omissions insurance pays for legal costs if your business is accused of a negligent act that harmed a client financially. In the case of medical malpractice insurance, this can extend to bodily injuries as well, as physical health is part of a healthcare provider's professional responsibilities.

    General liability claims can happen at any business, especially those that are open to the public. E&O insurance is more specific to businesses that offer professional services or advice, especially in areas where a mistake could cause a client to lose money.

    Read more about errors and omissions insurance vs. general liability insurance.

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    What other insurance policies do PA businesses need?

    General liability insurance icon.

    General liability insurance

    General liability insurance protects your business from the most common lawsuits brought by people outside your company. Many business owners are required to carry this policy.
    Business owner’s policy icon

    Business owner’s policy (BOP)

    A business owner’s policy bundles general liability insurance with commercial property insurance. Many insurers offer small businesses a discount if they choose this policy.
    Workers’ compensation insurance icon

    Workers' compensation insurance

    Workers’ comp insurance covers medical costs for work injuries and illnesses. Almost every state requires employers to carry this policy.
    Cyber liability insurance icon

    Cyber liability insurance

    Cyber liability insurance pays for legal expenses, credit monitoring services, and other recovery costs if a data breach or cyberattack affects your company or your clients.
    Commercial auto insurance icon

    Commercial auto insurance

    Commercial auto insurance can cover property damage and injuries if a company's vehicle is involved in an accident. It also covers vehicle theft and certain types of damage.
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    Errors and omissions vs. professional liability insurance

    Both professional liability insurance and errors and omissions (E&O) insurance offer financial protection from client lawsuits over unsatisfactory work. They’re essentially the same types of coverage for mistakes in professional services.

    How to get E&O insurance for Pennsylvania businesses

    TechInsurance is a trusted insurance expert for small businesses, with extensive knowledge of the IT sector. We help business owners find quotes from top-rated providers, buy policies, and manage their coverage online.

    Fill out TechInsurance's easy online application to compare free quotes for errors and omissions insurance and other policies from the leading carriers in the nation. Our insurance agents are available to help answer any questions you may have.

    Once you find the right policies for your small business, you can begin coverage in less than 24 hours and get a certificate of insurance.

    The figures on this page reflect the average cost of E&O policies purchased by TechInsurance's customers in Pennsylvania. Most of our customers have been in business for five years or less, employ fewer than five people, and generate annual revenues ranging from about $50,000 to over $200,000.
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