It is equally vital to understand what is not covered by your professional liability insurance, commonly known as Errors and Omissions insurance, as it is to understand what is covered. Being sued for purported professional services violations is bad enough. Add to that the distress you would experience upon learning that your insurance does not cover the underlying act of the case.
The E&O insurance is designed to protect you from negligence claims, such as misrepresentation, inaccurate advice, and violation of good faith and fair dealing. However, certain occurrences in the workplace may be covered by a different policy but are not covered by your E&O insurance. Familiarize yourself with your E&O policy to ensure you understand what is and is not covered.
Your E&O insurance provides coverage for negligent errors and omissions in the workplace, but certain incidents are not covered. Examples are:
Intentional behavior Regardless of how bothersome a client may be, if you willfully do them injury by misplacing a file or failing to return a phone call, your E&O insurance will not cover the resulting damages.
Claims of general liability. Personal injury claims are not covered by professional liability coverage. For instance, if a client trips and falls at your office, such a claim is not covered by your E&O policy. This is why you also need a General Liability policy that includes coverage for bodily injury cases involving workplace injuries. Workers' Compensation insurance, not Professional Liability insurance, covers workplace injuries.
Employment disputes. Your E&O coverage does not cover employment disputes, such as allegations of sexual harassment, wrongful termination, workplace discrimination, and related claims. Employment Practices Liability insurance may cover them (EPL).
False advertising. There is no coverage for deceptive advertising under your E&O policy or any other policy. False advertising includes:
- Embellishing your professional experience.
- Stating you graduated from a prestigious school when you did not.
- Making other exaggerated claims to entice customers.
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