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| Professional Liability FAQ |
Errors and Omissions Liability Coverage:
Errors and Omissions insurance (also known as Professional Liability
insurance) is a basic safeguard for your IT business. Errors and omissions
insurance protects technology businesses against
potentially catastrophic litigation involving professional negligence or
charges of failing to perform professional duties. Errors and Omissions
coverage can make the difference between the survival or
failure of a business when faced with these types of legal threats.
Errors and Omissions
Insurance Protects Against Legal Threats: Errors and Omissions insurance protects technology companies if they are
faced with the two most common forms of liability risks; 1) claims for
"malpractice" in which companies are sued for failing to maintain
accepted standards of care as a technology professional or company, and 2)
breach of contract claims for failing to perform contracted services in a
timely manner and within the contractual terms. Either one of these types of
errors and omissions allegations can tie up company funds, personnel and
attention for years. Errors and Omissions insurance is especially necessary
in the new technology age where the law is still being formed. In many cases,
courts are defining what a computer professional is and what the expectations
are for services and contracts. The laws around computer consulting and
contracting are too new to have established legal precedents. With no
precedents, the legal waters are murky and dangerous for the company or
consultant without Errors and Omissions coverage.
Errors and Omissions Insurance Protects
Against Changing Tort Law:
Tort law, established law covering contracts, has had time to establish
contractual expectations for other types of professionals and professional
activities, but the cyber-service world is too new to be clearly addressed by
existing law. This means that much of the tort law is still to be formed
through court cases and judgments. What may not be actionable today could
result in huge court awards next year. The upshot is that no one can protect
against what may be decided in court cases in the near future, except with
Errors and Omissions insurance.
All Types of Hi-Tech Firms Need Errors
and Omissions Insurance:
Massive software giants, multinational hardware producers and individuals
writing programs or servicing computers out of their homes are all equally at
risk for Errors and Omissions liability suits. Whether it is a catastrophic
software crash or network failure that ties up services for expensive hours,
the result to the consulting firm or individual can be an unforeseen lawsuit.
Errors and Omissions insurance protects against the financial effects of
potentially disastrous court cases.
Errors and Omissions Coverage for
Subcontractors:
Many computer consulting companies are becoming aware of these legal threats
and, to protect themselves and subcontractors, are requiring their
subcontractors (generally those workers receiving a 1099 instead of a W-2 at
the end of the year) to carry Errors and Omissions Insurance. If a client
company experiences what it perceives to be an actionable error or omission,
even if the problem occurs months after the initial consulting activities,
both the consulting firm and subcontractors can be held liable and met with
law suits. Errors and Omissions insurance protects
both parties as they face the legal battles.
Errors and Omissions Coverage can be
Tailored to Fit:
Errors and Omissions insurance can be highly tailored to the needs of
technology firms. For example, the Errors and Omissions insurance policy can
include the persons covered, exclusions, length of
coverage, definitions, professional responsibilities and other information
pertinent to technology businesses.
Errors and Omissions insurance can be the unsung hero of the insurance
portfolio, protecting computer companies of all sizes from both known and
unknown legal dangers
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disclaimer: this internet site provides information of a
general nature for educational purposes only and is not intended to be
legal and or financial advice. We make no guarantees as to the validity
of the information presented. Your particular facts and circumstances,
and changes in the law, must be considered when applying insurance law.
You should always consult with a financial planner, attorney, or
insurance professional licensed in your state with respect to your
particular situation. Insurance Corner Services LLC 16630 Imperial
Valley Suite 239, Houston, Texas 77060, Serving Houston Texas, Dallas,
San Antonio, Fort Worth, Austin, Humble, Katy, Cypress, Spring, The
Woodlands, Conroe, Cleveland, Porter, Pearland, Sugarland, And all of
Texas.
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