Errors and omissions insurance (E&O), or malpractice insurance, covers legal fees if you're blamed for a mistake or oversight that harmed a client. State laws can mandate this coverage for certain professions.
For most small businesses, errors and omissions insurance is not required by law. However, you might need it to get licensed in your trade or sign a contract with a client, network, or agency.
State laws regulate E&O coverage only for certain industries. That includes:
The specifics depend on your profession and your state, so you may need to do a little research. In states where it's not required, you might still need to disclose whether or not you carry E&O coverage.
Depending on your field, you might see this policy called E&O insurance, professional liability insurance, or malpractice insurance. It's strongly recommended for its protection against costly fallout from a lawsuit, especially if your business offers professional services or advice.
States sometimes require E&O insurance as part of their licensing requirements for real estate brokers, insurance producers, and similar professions.
Your agency might require you to carry a certain amount of errors & omissions insurance, or may even provide this coverage for you.
Medical malpractice insurance is mandated in some states for healthcare professionals, most often for physicians with admitting privileges and nurses who work in high-risk fields.
You might also need malpractice insurance to work for a specific healthcare network or facility, get licensed, participate in a professional organization, or qualify for state-run programs that assist with malpractice claims. States that have these kinds of programs include Nebraska, New York, and Pennsylvania.
While attorneys aren't usually required by law to carry malpractice insurance, they often must disclose whether or not they have this coverage. In some states, only law firms with certain business structures need a malpractice policy.
In addition, some courts and clients may require lawyers to carry malpractice insurance. It's strongly recommended for private practices, given the high cost of malpractice suits.
Errors and omissions insurance costs an average of $61 per month. Premiums vary widely depending on your risks.
Factors that affect the cost of E&O insurance include:
Even when state laws don't require you to carry E&O insurance, this policy still provides crucial protection for small businesses across many industries.
The potentially devastating cost of a lawsuit is the main reason that you need errors and omissions insurance coverage. Even if your business did nothing wrong, you could end up paying thousands of dollars in attorney fees, court costs, and other expenses.
This policy covers claims of professional negligence, which include:
Businesses that are vulnerable to these lawsuits include consultants and professional services. Basically, you need this coverage if a client could be harmed financially by your work performance.
Because a doctor or nurse could physically injure a patient in the course of their work, medical malpractice insurance covers bodily injuries as well as financial harm. These claims can be extraordinarily expensive, which makes this type of coverage one of the most important in healthcare.
If you cancel your E&O policy, you could lose your license in a state that has E&O requirements for your profession. But that's not the only reason to keep your coverage active.
Errors and omissions insurance is a claims-made policy, which provides coverage only under certain conditions.
To file an E&O insurance claim, your policy must be active both:
Even if you're sued for something that happened when you had coverage, your insurance carrier won't pay for claims after you cancel your policy. That means you should keep your E&O policy even if you retire, get another job, or stop working for a client.
Fortunately, you can extend the coverage period on a claims-made policy. You can set a retroactive date to protect your business from incidents that happened in the past, or buy tail coverage so you can file claims after your policy was canceled.
Yes, general liability and E&O insurance cover different risks, which is why you need both types of coverage. As with E&O insurance, your state might require you to carry a general liability policy to get licensed in certain professions, such as general contractors.
General liability insurance can also cover claims that your business copied a logo, slandered a competitor, or used an image without the creator's permission. Small business owners may need several types of insurance to cover all of their relevant risks.
It's easy to buy E&O insurance, general liability coverage, and other policies with TechInsurance. Our specialty is insurance for tech companies, but we cover almost every other industry as well. To compare quotes from top-rated insurance companies, fill out our online application with basic information about your business.
Our expert insurance agents can answer your questions about state requirements and help you find the best coverage for your unique risks. Once you've bought a policy, you can pay online and then download a certificate of insurance for proof of insurance and peace of mind.