Professional Indemnity

Professional Indemnity Cover

In today’s litigious society, no professional can ignore the real possibility that a claim may be brought against them by a disgruntled client during the course of their career.

Unintentional Breaches

Unintentional breaches of confidentiality, intellectual property rights such as trademarks, patents or copyright.

Defending your Business

Court and other legal fees to defend your business are often underestimated, and small businesses in particular can struggle to find the money to pay for this, regardless if they are found liable or not for damages

Civil Liability

Acts, Errors or Omissions. For instance, you or your staff make an error of judgement or provide poor advice. 
An Interior Designer was contracted by a Property Developer to recommend and source fixtures and fittings for a new development. The Property Developer brought a claim against the Interior Designer alleging that they had negligently recommended a number of fittings that were inappropriate for their purpose. The Property Developer claimed $50,000 in damages.

Lawyers were appointed to defend the claim on the Interior Decorator's behalf. The claim was eventually withdrawn, however $10,000 in Defence Costs were incurred.

Anyone who gives to another person advice and/or services of a skilful character according to an established discipline might be regarded as a ‘professional’.

The law requires a professional to exercise their skill at an appropriate level expected of that profession. But professionals are only human and mistakes do happen. Any financial loss arising from a mistake or failure by that professional to do so, may result in an award in favour of a third party. A professional may also be held to be liable for a mistake even though there was no negligence (i.e. breach of the Trade Practices Act).

A Professional Indemnity Insurance policy is designed to protect the personal assets of a professional against damages awarded against them by a court, or resulting from an approved negotiated settlement, in relation to an act, error or omission committed by the professional during the conduct of their professional business activities. It also covers the costs and expenses of defending claims.

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Professional Indemnity vs Public Liability

What is the difference between public liability and professional indemnity cover?

The key difference between coverage:

  • Public Liability – Provides covers for claims made against you for third party bodily injury and property damage
  • Professional indemnity – Provides covers for any professional service(s) provided to your clients, this is work that is generally a fee for advice.  (I.e. claims for financial loss arising from an act, error or omission).

 

Examples of the main type of claims seen under a Public Liability policy:

  1. Personal Injury caused by you to a third party
  2. Property damaged caused by you to a third party
  3. Product Liability

 

Examples of the main type of claims seen under a professional indemnity policy:

  1. Design failure.
  2. Alleged specification failure.
  3. Inadequate design.
  4. Structural design defect.
  5. Negligent project management.

 

All professionals have a responsibility to their client(s) to perform their service with due care and skill. If your business breaches your professional duty of care, then you may be liable to pay compensation to third parties for damage incurred as a result.


Don’t let the two policies confuse you, or lead to an un-insured claim made against you.


Speak to one of our friendly brokers today!


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What is Design & Construct Professional Indemnity (D&C Pl)?

Design & Construct Professional Indemnity (D&C Pl) provides cover for claims made against you by third parties arising out of an error, omission or breach of the professional services performed by your or your consultants/subcontractors.

The policy begins becoming complex when the Insurance providers have such a varying scope of cover. The typical extensions of cover you will find in this type of policy are:


Mitigation or Rectification Costs

Direct costs and expenses incurred by the insured in taking action to rectify or mitigate the effects of any act or omission that would otherwise result in a claim covered under the policy


Novation Agreements

Liability the insured has assumed by reason of a novated contract


Proportionate Liability

Liability the insured has assumed by contracting out of proportionate liability legislation


Contractual Indemnities

Liability the insured incurs under an indemnity or hold harmless term of a contract to the extent that such liability results from the insured’s performance of professional services

 

Why are premiums increasing?

The main reasons behind the premiums hike:

·        Frequency and value claims of the past years

·        Cladding exposures

·        Cross liabilities

·        Loss mitigation costs

·        Increased costs estimates

 

This has led the majority of insurance providers having to significantly remediate their portfolio or entirely removing themselves from this class of insurance altogether. The insurance providers that continue to write this class of insurance are conservative, and are generally hesitant to take on high risk or heavy claim clients.

 

Importance of having a broker

Arranging D&C PI is a complex art. It takes experience, both in understanding your industry challenges, along with possessing an extensive understanding of the insurance market to arrange cover. To try and arrange this class of insurance by yourself presently will be near impossible.

Ensure you speak to an insurance brokerage who can demonstrate their knowledge on the above.


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