Professional liability insurance coverage protects small business owners against the cost of client lawsuits over unsatisfactory work. For certain professions, it is required by law to carry in New Jersey. Even when not required, it's strongly recommended for professional service providers.
Professional liability insurance, also called errors and omissions insurance (E&O), covers the cost of lawsuits related to the quality of your work, including legal fees and settlements.
It covers the following types of professional negligence claims for many New Jersey businesses:
New Jersey state law requires malpractice coverage for doctors. It’s essential in a setting where a mistake could cause a bodily injury or worsen a medical condition.
Any business that provides a professional service or expert advice should carry professional liability coverage, as a client could sue if your service or advice causes accidental harm. Even a frivolous lawsuit can be expensive due to attorneys' fees, court costs, and other expenses.
Industries often at risk for professional liability claims include:
IT consultants and other tech professionals are susceptible to lawsuits related to system downtime, project delays, and coding errors that impact a client's bottom line.
In this industry, tech professional liability insurance is referred to as errors and omissions insurance. It's commonly bundled with cyber insurance into one policy—tech E&O.
Tech E&O provides crucial protection by covering legal defense costs related to all of the above, in addition to lawsuits stemming from a data breach or cyberattack.
Those who work in building design, such as architects and engineers, are at risk of a lawsuit if a client accuses them of making a costly mistake. For example, a bridge could develop cracks over time, or a project could be delayed for months due to unforeseen circumstances.
Insurance professionals, including agents and insurance brokers, deal with large amounts of financial data and at times have to use their best judgment in advising their clients. If a client doesn’t have enough coverage, or the right type of coverage, they might blame their agent or the insurance agency for failing to make sure they were protected.
Even if you’ve done nothing wrong, a disgruntled customer might file a lawsuit if your advice leads to a financial loss.
New Jersey law requires some small business owners to have a professional liability insurance policy. However, even if it's not required, you might need this coverage to sign a contract or to get a license in your field.
Professional liability is referred to as medical malpractice insurance when it applies to doctors and other healthcare professionals, such as therapists.
Physicians are required to carry medical malpractice insurance, but other healthcare workers, such as nurse practitioners and certified nursing assistants, are not.
Malpractice insurance is essential in a setting where a mistake could cause a bodily injury or worsen a medical condition.
New Jersey doesn’t require real estate agents to have E&O insurance, but clients may ask their agent to have this coverage and stipulate proof of insurance in business contracts.
Additionally, real estate agencies may require their agents and brokers to carry this policy in order to provide services.
Common E&O claims in the real estate industry include misrepresentation of a property's size or condition, failure to disclose a property's flaws, and inaccurate appraisals.
For lawyers, professional liability is also known as legal malpractice insurance. New Jersey does not require this coverage for individual attorneys.
However, most law firms and individually practicing lawyers purchase this policy in order to protect against the heavy costs of malpractice lawsuits. Limited Liability Partnerships are also required to carry professional liability, according to New Jersey state law.
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The average cost of professional liability insurance nationwide is $61 per month. In New Jersey, the average cost is $72 per month.
The cost of professional liability coverage depends on several factors, such as:
Professional liability insurance covers your legal defense costs if you’re sued over a mistake in your professional work, and it's affordable for low-risk businesses.
Even if you’ve done nothing wrong, a legal battle can be expensive. In addition to your attorney’s hourly rate, you’ll likely be charged for administrative costs such as copying, filing, and travel expenses. You may also have to pay for expert witnesses to testify on your behalf, a court-ordered legal judgment, or a settlement to avoid trial.
Professional liability insurance covers all of the above, up to the coverage limits of your policy. The policy limits you choose should take into account how expensive it can be to fight a professional liability lawsuit.
You also need to determine the amount of coverage required to obtain a contract or work in a certain field. Different industries carry different risks, and only certain professions are mandated by the state to carry professional liability insurance.
For example, certain medical professionals in New Jersey are required to carry medical malpractice insurance with a minimum coverage amount of $1 million per occurrence and $3 million per policy year.
Professional liability and malpractice insurance both protect against professional liabilities a business might face. However, they cover two separate types of claims, and you may need to purchase one or both policies depending on your risks.
A professional liability policy covers a wide range of lawsuits, but it will not cover intentional harm you cause to others.
Most insurance companies exclude:
General liability and professional liability insurance both protect against common small business liabilities, but cover two different types of lawsuits. You may need to purchase one or both policies depending on your risks.
General liability insurance does not include professional liability coverage, though both policies cover claims from customers.
In short, general liability provides financial protection against accidents involving people outside your business, while professional liability covers claims of negligence, such as failure to complete a project on time.
General liability covers the most common types of customer and client claims. That includes customer injuries, customer property damage, and advertising injuries. If a customer falls and suffers an injury at your office, it would be covered by your general liability policy, which would include your legal defense costs.
If someone sues you over unsatisfactory work, it would be covered by your professional liability coverage.
General liability and professional liability are often the first two policies bought by small business owners. However, they are not the only types of business insurance that policyholders might need.
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Our New Jersey licensed insurance agents can help answer any questions and find coverage that matches your business needs. Once you find the right policies, you can begin coverage and get your certificate of insurance in less than 24 hours.