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Errors and Omissions Insurance
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State requirements for errors and omissions insurance

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.

When is E&O insurance required?

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:

  • Real estate
  • Insurance
  • Healthcare
  • Law

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.

State laws for E&O insurance coverage

States sometimes require E&O insurance as part of their licensing requirements for real estate brokers, insurance producers, and similar professions.

  • Real estate agents and brokers must carry this coverage in more than a dozen states, including Idaho, Kentucky, New Mexico, and Tennessee.
  • Home inspectors are required to have E&O insurance in about one in three states.
  • Insurance agents and brokers are sometimes regulated by state laws as well. For example, Rhode Island producers must carry an E&O policy with coverage limits of at least $250,000 per claim and $500,000 aggregate.

Your agency might require you to carry a certain amount of errors & omissions insurance, or may even provide this coverage for you.

State laws for medical malpractice insurance coverage

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.

  • Physicians must carry malpractice insurance in seven states: Colorado, Connecticut, Kansas, Massachusetts, New Jersey, Rhode Island, and Wisconsin.
  • Advanced Practice Registered Nurses (APRNs) must have malpractice coverage in several states, including Connecticut, Massachusetts, and Wisconsin.
  • Licensed therapists often need this insurance as well. For instance, marriage and family therapists in California must maintain professional liability coverage to enroll as a Medi-Cal provider.
  • Certified midwives are required to carry malpractice coverage in Kansas, Missouri, and Oklahoma.

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.

State laws for legal malpractice insurance coverage

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.

  • Alaska attorneys don't need malpractice insurance, but they must notify clients if their limits are less than $100,000 per claim or $300,000 aggregate.
  • New York attorneys aren't required to carry coverage or inform anyone of their insurance status.
  • Oregon attorneys must have malpractice insurance in the amount of $300,000 per claim / $300,000 aggregate provided by the Oregon State Bar Professional Liability Fund (PLF).
  • Rhode Island attorneys only need malpractice insurance if they work for a corporation, limited liability partnership (LLP), or limited liability company (LLC).

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.

How much does errors and omissions insurance cost?

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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:

  • Business location
  • Your profession
  • Business revenue
  • Number of employees
  • The policy limits and deductible you choose
  • Your policy’s exclusions and endorsements
  • Your claims history
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Why do I need errors and omissions insurance?

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:

  • Errors
  • Oversights
  • Missed deadlines
  • Undelivered services

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.

What if you cancel your E&O insurance policy?

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:

  • When the incident occurred
  • When the claim was filed

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.

Do you need both general liability and E&O insurance coverage?

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.

  • Errors and omissions insurance covers lawsuits related to financial losses, such as poor investment advice that causes a client to lose money. It's especially important for businesses that offer professional services or consulting.
  • General liability insurance pays for legal defense costs when someone outside your business is injured or their property is damaged. This policy is crucial for businesses that are open to the public, such as retail stores. It's also important for businesses that enter clients' homes and offices, such as cleaners.

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.

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What other types of business insurance do I need?

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Workers' compensation insurance

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

Commercial property insurance can cover repair or replacement of a company's property that is stolen, destroyed, or damaged.
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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.
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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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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.

Find E&O insurance quotes from trusted carriers with TechInsurance

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.