Professional Indemnity Insurance

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, updated on July 17th, 2023       

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When it comes to protecting your business from potential risks and legal disputes, having the right insurance coverage is crucial. One essential policy for professionals is professional indemnity insurance. Savvy makes comparing professional indemnity insurance easier than ever. Our 100% free online comparison service allows you to quickly explore different insurance options at no cost.

Whether you're an engineer, a doctor, a consultant, or any other service provider, professional indemnity insurance provides vital protection against claims of negligence or mistakes made during delivery of your services. At Savvy, we understand the importance of finding the right policy tailored to your specific business needs. Join us as we delve into the world of professional indemnity insurance, exploring how it works and its importance. Using Savvy's user-friendly comparison service can assist you to make better informed decisions to safeguard your professional reputation and financial well-being.

What is professional indemnity insurance?

Professional indemnity insurance, also known as professional liability insurance, is a type of business insurance that protects professionals and businesses from financial losses and liabilities arising from claims of negligence, errors, or omissions in the professional services they provide. It is an important safeguard for professionals in various industries, including consultants, contractors, architects, engineers, and healthcare professionals.

Why is it important?

Professional indemnity insurance is important for several reasons. Firstly, it helps safeguard the reputation and financial stability of professionals and businesses. In the event of a claim or lawsuit alleging professional negligence, the insurance policy covers the legal costs, compensation payments, and other related expenses. This can prevent significant financial strain and potential bankruptcy.

Secondly, professional indemnity insurance enhances client trust and confidence. By having this coverage, professionals demonstrate their commitment to maintaining high standards of quality and professionalism in their work. Clients are more likely to engage with professionals who carry this insurance, knowing that they are protected in the event of errors or mistakes.

Thirdly, certain industries or regulatory bodies may require professionals to have professional indemnity insurance as a mandatory requirement. This ensures that professionals meet the necessary standards of practice and comply with industry regulations. Failing to obtain the required insurance coverage can result in penalties, legal consequences, or even the loss of professional licenses.

In summary, professional indemnity insurance provides financial protection, enhances professional credibility, and helps meet legal or industry requirements. It offers peace of mind to professionals by mitigating the risks associated with their services and protecting their interests in case of unforeseen circumstances or allegations of professional negligence.

Who needs professional indemnity insurance?

All professionals providing specialised services or advice to the public require professional indemnity insurance. It is essential in jobs that are prone to legal action alleging errors or negligence. For example, doctors, lawyers, accountants, IT consultants, architects, engineers, and design professionals are among those who need this coverage. Many industries and professional organisations make professional indemnity insurance a requirement for practising or obtaining certifications, ensuring high standards and financial readiness to address claims.

How does this type of insurance work?

These are the steps that explain how professional indemnity insurance works:

  • Policy coverage: Professionals obtain a professional indemnity insurance policy. The policy document provided with the policy outlines the scope of coverage, including the types of risks and liabilities covered.
  • Coverage period: The policy remains active for a specific duration, typically one year, during which the insured is protected against claims arising from incidents that occur within that period.
  • Incident or claim: If a client or third party believes they have suffered financial loss or damages due to professional negligence, they may file a legal claim against the insured professional or business.
  • Notification: The insured individual or organisation must promptly notify their insurance provider about the claim, providing details of the incident and the allegations made.
  • Claim evaluation: The insurance provider assesses the validity of the claim by investigating the circumstances surrounding the alleged negligence. They consider factors such as the nature of the professional services provided, the extent of damages claimed, and any legal implications.
  • Legal defence and settlement: If the claim is deemed valid and covered under the policy, the insurer provides legal defence by paying for lawyers and covering associated legal expenses. In some cases, a settlement may be reached to resolve the claim, which could involve financial compensation to the claimant.
  • Coverage limits and excess: Professional indemnity insurance policies specify the maximum amount of coverage available for a claim, known as the coverage limit. Additionally, the policy may require the insured to pay an excess, which is the initial amount they must contribute towards the claim before the insurance coverage applies.
  • Ensure continuous coverage: It's important for professionals and businesses to maintain continuous coverage by renewing their professional indemnity insurance policies. Claims-made policies require that the policy is active both at the time of the alleged incident and when the claim is filed, ensuring protection for past services rendered.

Professional indemnity insurance provides financial protection and legal assistance to professionals and businesses facing claims of negligence or errors in their professional services. You can compare a range of policies online right here through Savvy.

What does professional indemnity insurance cover?

Professional indemnity insurance can provide coverage for various types of claims, including:

  • Failure to deliver promised services
  • Failure to meet critical deadlines
  • Miscalculations, mistakes, oversights, or omissions resulting in client damages
  • Breach of duty of care or confidentiality
  • Accidental defamation

The extent of coverage depends on the specific policy chosen.

It may include expenses such as:

  • Investigation costs related to the claim
  • Reasonable legal expenses incurred in your defence
  • Compensation paid to the claimant
  • Legal costs of the claimant
  • Court-awarded damages
  • Costs of disciplinary proceedings

This insurance aims to safeguard not only your assets and financial well-being, but also your professional reputation.

However, professional indemnity insurance often does not cover:

  • Intentional, malicious, or dishonest conduct resulting in client harm
  • Contractual liabilities, such as specific damages outlined in a contract regardless of fault
  • Acts of fraud, dishonesty, or intentional illegal actions
  • Claims arising from incidents that occurred before the policy's commencement

To understand the precise coverage details, it's crucial to carefully review the product disclosure statement (PDS) provided by your insurer. This document outlines what is included and excluded in your policy. Being aware of the coverage specifics helps you make informed decisions about your insurance protection.

Which industries need professional indemnity insurance?

Don't underestimate the significance of professional indemnity insurance just because of the word ‘professional.' Business insurance is essential for many types of companies, regardless of their scale. Therefore, professional indemnity insurance is vital for individuals or businesses offering services or advice to the public, either directly or indirectly, regardless of whether they identify themselves as belonging to traditional professions or not. So even tradespeople like builders and carpenters can derive benefits from this insurance coverage.

Because the range of possible claims is so broad, professional indemnity insurance is often industry-specific. For example, allied health professionals would have a different policy to those offered to lawyers or accountants. It’s frequently offered as part of a business insurance package, where several different types of insurance are bundled together into one policy.

In addition, many sole traders can benefit from professional indemnity insurance to protect them against legal claims, whether they were at fault or not. For this reason, this type of insurance is also known as personal indemnity insurance.

If you are in any of the following situations, you should consider taking out a policy:

  • you offer advice, assistance or services directly to the public
  • you work indirectly for the public in professions such as IT services or management consultancy
  • you wish to tender for government contracts
  • you are applying to be a member of a union or professional body

Examples of professions and industries which often require this type of insurance include:

  • legal and medical experts
  • accountants, bookkeepers and financial professionals
  • architects, surveyors and engineers
  • IT programmers, designers and systems engineers
  • consultants, mortgage brokers and professionals offering advisory services

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Common questions about professional indemnity insurance

What’s the difference between professional indemnity insurance and public liability insurance?

Professional indemnity insurance covers you against claims which allege your advice or professional services weren’t satisfactory or caused harm to the claimant. On the other hand, public liability insurance covers you against the possibility of a member of the public suffering physical injury or damage, or their goods or possessions becoming damaged, whilst on your property. 

Does professional indemnity insurance cover data breaches?

Yes, professional indemnity insurance can cover certain aspects of data breaches, such as the legal liabilities and financial losses associated with data hacks. However, this will depend on the specific policy terms and conditions.

Is it compulsory to have professional indemnity insurance?

No. There's no specific law in Australia dictating that an individual or business must have professional indemnity insurance. However, it is compulsory to join many professional organisations, or when tendering for certain contracts. 

How much professional indemnity insurance do I need?

There’s no standard level of insurance coverage required across all industries, professions and organisations in Australia. For example, for accountants to become a member of CPA (Certified Practising Accountants Australia), a minimum of $1 million worth of professional indemnity insurance coverage is required. Mortgage brokers may be required to have $2 million. It’s important to ensure you have an adequate level of coverage to make sure you’re prepared for a claim to be made against you. 

How do I buy professional indemnity insurance?

When you get your insurance quote through Savvy, you’ll be asked several simple questions to ensure the quotations you receive are suitable for the insurance coverage you’re after. Once you’ve received your quotes, you can either go online to accept one particular quotation and go through with the purchase or call your preferred insurer to ask for further information. 

Are my premiums for professional indemnity insurance tax-deductible?

Yes – you’re able to claim your insurance premiums as a cost of doing business on your tax return, so you’ll be able to reclaim the full cost as a tax deduction. 

What does ‘claims-made basis’ mean?

Most professional indemnity insurance is offered on a claims-made basis, which means you’re covered for the actual period of your insurance coverage but not for incidents which may have happened before or after the term of your policy. 

Can professional indemnity insurance cover contractual disputes?

No. Professional indemnity insurance typically does not cover contractual disputes. It primarily focuses on claims arising from professional negligence, errors, or omissions. Contractual disputes are usually addressed through other types of insurance or legal avenues.

Are previous acts covered under professional indemnity insurance?

Yes, professional indemnity insurance can provide coverage for previous acts or work completed prior to the policy start date, depending on the specific terms and conditions of the policy you choose to buy.

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