What Are Professional Liability Policies?

Some risks overreach the boundaries of the General Liability policy. These risks require the use of a specially designed policy, called the Professional Liability policy. Who all needs a Professional Liability policy? Why aren’t these risks covered by the General Liability policy?

When you think of Professional Liability, you think of your doctor, your lawyer, and your accountant. These individuals are recognized professionals, and most certainly require a Professional Liability policy to be properly protected. These individuals need the Professional Liability due to the great financial and/or physical harm they can inflict on their clients if they do not properly perform their work. These professionals are also being held to a higher standard by the certifications and associations they belong to as a doctor, lawyer, accountant, etc., thus they are referred to as a ‘professional’. Being a professional, they assume more risk than what is covered in a General Liability policy, thus the need for the Professional Liability policy.

However, while doctors, lawyers, and accountants are all great examples, they only make-up a portion of all Professional Liability policyholders. The ones you don’t think about are personal trainers, insurance agents, architects, graphic designers, and many more (these examples are often referred to as quasi-professionals). A good rule-of-thumb on determining if someone has the need for a Professional Liability policy is if they have to have a state license to legally work. If a state license is required, they almost certainly will need a Professional Liability Policy. The follow-up rule is that they have any sort of certification needed for their job, they probably need a Professional Liability as well (an exception to this would be a First-Aid certification). While there are plenty of exceptions to these two rules, it will catch most people who need it (Note that some professions require a Bond instead of the Professional Liability policy).

If someone does need Professional Liability, it depends on their situation as to where they can get it. Some individuals must find personal Professional Liability policies on their own, such as the typical CPA. Others may have coverage provided for them from company, which would be the case for most nurses. A Professional Liability policy can be written to cover either situation, but in both situations, the policy will act in a similar way: providing a separate liability limit for claims caused by the errors or omissions of a professional or quasi-professional. 

Note from the Author (Nov. 14, 2014): After two years of work, we've entirely redesigned our website! Using SquareSpace, we were able to import this blog and we are continuing our blog there. To find the current version of this article and our new articles, click HERE.

Umbrella Policies: Safety for a Rainy Day

What is an Umbrella? Can both a business and an individual have an umbrella? What all does it do? Why should I consider getting one? How expensive is it?

What is an Umbrella Policy?

The Umbrella Policy is very straight-forwardly named, as it covers the underlying policies. Most Umbrella policies can go over all of your underlying lines of liability coverages. By purchasing an Umbrella policy, you are giving yourself an extra layer of liability coverage in the event of a large loss. It is a very important risk management tool for both businesses and individuals, as the extra coverage picks up where the General Liability, Auto policy, etc. stops, often for no additional deductible/retention. For businesses, they would purchase a Commercial Umbrella policy, and for an individual/household, they would purchase a Personal Umbrella policy. Let’s look at an example with ABC Company’s insurance to illustrate my point:

Let’s say ABC Company has a General Liability policy of $1 million per occurrence, $2 million aggregate, and they also have a Commercial Umbrella policy on top with $1 million coverage. Next, imagine they have a General Liability loss of $1.5 million. Their General Liability will only pay $1 million of that (because of the $1 million per occurrence) but their umbrella steps in and covers the excess $.5 million. In the end, every penny of the loss was paid by ABC Company’s insurance. However, in the absence of that Umbrella policy, they would have had to cover the $.5 million out of pocket.

A liability loss in the millions is not something that only happens to big businesses though. Losses of this magnitude happen to businesses of all sizes, and even happens to households. Also, the biggest risk you take all day will most likely be getting in a car. Huge liability claims come out of auto accidents, and both the Commercial and Personal Umbrella policies can go over your Auto policy as well. A Commercial Umbrella policy can keep you and your employees safe while driving too. Back to the example with ABC Company, most people/businesses could not easily cover that $.5 million on their own. In these situations, it’s always better to have too much insurance, instead of not enough!

Do the Commercial and Personal Umbrellas cover all underlying policies?

No, there are certain situations that the Personal and Commercial Umbrellas won’t cover everything. Sometimes a separate, special Umbrella will need to be purchased to go over certain liabilities, such as a Professional Umbrella policy to cover a business’s Professional Liability. This Umbrella policy was designed to cover the added perils that professionals face, providing extended coverage for their endeavors. Also, Workers' Compensation cannot be covered by an Umbrella policy. Your agent should know when an Umbrella policy is necessary.

Do the Umbrella policies cover anything extra?

Yes, both the Commercial and Personal Umbrella policies broaden coverage. The broadened coverage usually has to do with policy definitions. For example, the Cincinnati Insurance Companies' Commercial Umbrella policy extends the term 'bodily injury' to include "disability, humiliation, shock, fright, mental anguish or mental injury, whether or not they're a result of physical injury." The General Liability policy only covers direct physical injuries. Umbrella policies can also fully reimburse your lost income from appearing in court or gathering information after a claim, where your underlying policies might only provide a fixed amount of coverage. It may also cover supplementary payments (pre-judgement interest, post-judgement interest, bail bonds, etc.) entirely or at higher amounts than underlying policies. Ask your agent for full details.

So What Does an Umbrella Policy Cost?

While each situation is different, a general figure to go by is approximately $250 a year for a Personal Umbrella policy, and $500 a year for a Commercial Umbrella Policy for one million dollars of coverage. Although that might seem like a lot, if the situation arises where you need it, you'll definitely think of it as money well spent!

Note from the Author (Nov. 14, 2014): After two years of work, we've entirely redesigned our website! Using SquareSpace, we were able to import this blog and we are continuing our blog there. To find the current version of this article and our new articles, click HERE.

An Introduction to General Liability

Every establishment, large or small, retail or service, has a liability exposure. Naturally, some businesses have a higher claim potential than others. For example, an amusement park has far more exposure than a bakery, but how would each business ensure that all of their exposure is covered?

The General Liability policy (GL) covers the liability exposures found in all businesses and organizaitons, such as someone slipping and falling on their property, or the damage to someone else’s property caused by them or an employee. The General Liability policy also covers the defense costs of any lawsuits arising from these types of events. Essentially, it is a business’s primary defense against many unforeseen, often unpreventable, accidents.

What Determines the Proper Limit for the General Liability?

Setting a proper General Liability limit for a business highly varies. The best way to 'ballpark' the limit is to look at what the business is doing. Does this industry typically have a lot of claims? What is the claim severity for this type of business? Does the business have any special circumstances that increase or decrease its risk? It is imperative that you think of all the potential causes of a General Liability loss. The limit should then be set to adequately cover the total costs to defend and settle any suits that could come up or any damages that could be done.

Most any insurance agent will tell you that you can never have enough liability coverage. However, since most people can’t afford infinite coverage, you must carefully work with your agent to determine the proper GL level. Come claim time, it's always better to have too much coverage!

How Do the General Liability Limits Work?

Most General Liability limits are split, meaning that there is a limit per occurrence, and a separate aggregate limit. For example, let’s assume your General Liability has a $1 million occurrence limit and $2 million aggregate limit. You then have a loss of $1.5 million under your General Liability. The General Liability policy will cover $1 million of that loss, and you will also have another $1 million dollars left for any other claims that may occur that year. The $.5 million would not be covered and would require you to pay out of pocket—unless you had an Umbrella policy. 

Note from the Author (Nov. 14, 2014): After two years of work, we've entirely redesigned our website! Using SquareSpace, we were able to import this blog and we are continuing our blog there. To find the current version of this article and our new articles, click HERE.