Professional Indemnity Insurance
July 19th, 2010 by simonmProfessional Indemnity insurance is a form of liability insurance that provides cover for the financial consequences of professional negligence, following a breach of professional duty by way of neglect, error or omission.
In addition, an indemnity is provided in respect of the legal and other costs and expenses incurred in the defence of any claim. The general philosophy in the litigious world that we now live in tends to be ‘if something goes wrong, somebody must be to blame, and that somebody has to pay’.
Any professional person providing advice, design, specifications, supervision etc, whether this be for a fee or gratuitously, owes a duty of care to their client, and third parties.
The duty of care owed is generally the exercise of ‘reasonable skill and care’, in the discharge of the services provided. If a professional fails to exercise this duty (i.e. is negligent) they may be liable for losses incurred by their client, and/or third parties. Taking into account the operation of the current legal system, even proving innocence can be very costly.
A professional purchases Professional Indemnity insurance for their own protection. The cover is not for the benefit of the professional’s client, although far too often, it is not seen that way. Clients cannot claim directly against the Professional Indemnity cover carried by the professionals – they must prove liability first, a process which can be time-consuming, expensive and uncertain.
First, any potential plaintiff must prove negligence on the professional’s behalf, (i.e. a failure to exercise reasonable skill and care in the discharge of its services).
Professional Indemnity insurance provides only limited cover against the consequences of claims for professional negligence. Unless contractual limitations have been agreed between the professional and his client, the professional’s liability.


Subscribe