Professional liability

E&O: when the work itself is the risk.

≈ 3 MIN READ

General liability has a blind spot, and it sits exactly where many businesses make their money. GL responds when your operations cause bodily injury or property damage. But what if your mistake doesn't break anything or hurt anyone — it just costs your client money? That's the territory of professional liability, also called errors & omissions (E&O).

The gap, in one example

An engineer signs off on a design with an error in it. Nobody is injured; no property is damaged — yet. The project is delayed for months and rework costs pile up. The client sues for those financial losses. The engineer's GL policy looks at the claim and points to its professional services exclusion: this isn't an accident arising from operations, it's an error in professional work. Without E&O, the engineer is defending that suit out of pocket — and defense costs alone can be ruinous, even when you ultimately win.

What E&O covers

E&O responds to claims that your professional services, advice, design, or work product caused someone financial harm — negligent errors, omissions, missed deadlines with damages attached, and allegations of failing to deliver what was promised. Critically, it pays to defend you, which matters because being accused doesn't require being wrong.

Who actually needs it

The label says "professional," but the exposure is wider than suits and licenses:

  • Design and technical work — engineers, architects, surveyors, design-build contractors who take on design responsibility.
  • Advice and analysis — consultants, accountants, brokers, inspectors.
  • Technology — software, IT services, anything where a defect or outage costs the client money (tech E&O often pairs with cyber).
  • Anyone who certifies, specifies, or recommends — if a client relies on your judgment and could lose money when it's wrong, you have E&O exposure.

One mechanical detail that matters

Most E&O policies are written on a claims-made basis: the policy that responds is the one in force when the claim is made, not when the work was done — and coverage typically reaches back only to your retroactive date. Two practical consequences: don't let claims-made coverage lapse (you lose the past, not just the future), and if you ever switch or close shop, talk about tail coverage before you do. This is the part people learn about at the worst possible time; better to learn it here.

This article is general information, not advice about your specific situation, and not a quote, binder, or contract of insurance. Policy forms and exclusions vary by carrier.

Does your work carry an E&O exposure?

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