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Errors & Omissions Insurance

Safeguard your company against client disputes stemming from human errors or unmet expectations in providing professional services.

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What is Errors & Omissions Insurance?

E&O Insurance provides coverage for errors such as :

1. Copyright infringement.
2. Defamation.
3. Errors, mistakes, or oversights incurred during the course of work
4. Failure to meet a deadline or deliver a specific service promised to a client.
5. Professional negligence.
6. Professional negligence or failure to meet standards.

Why get Errors & Omissions Insurance?

In a tech company, the majority of work involves creating software, developing applications, managing data, and providing professional services. These activities come with inherent risks that can lead to financial losses and legal disputes. Errors and Omissions Insurance is vital for your tech company because it provides protection against:

Claims from Clients

Despite your best efforts, errors, software bugs, or unintentional omissions can occur, potentially causing harm to your clients' businesses. E&O Insurance provides coverage for claims arising from financial losses, property damage, or business interruptions caused by your products, services, or advice.

Legal Defense

Defending your tech company against claims or law suits can be financially burdensome. E&O Insurance not only covers settlements but also includes legal defense costs. This means you'll have the necessary resources to hire legal experts who specialize in technology-related litigation, ensuring a robust defense for your business.

Professional Services

If your tech company provides professional services, such as consulting or implementation support, E&O insurance can protect you from claims related to errors, delays, or inadequate performance. This coverage ensures that your clients are financially compensated for any harm caused by mistakes or shortcomings in your professional services.

Discover the advantages of Errors & Omissions
(E&O) insurance coverage

Loss of Documents

In case of a lawsuit alleging loss or destruction of important documents, this policy will cover the legal and claim charges.

Employee Dishonesty

Protect your business from third-party claims resulting from frauds or dishonest acts conducted by your employees.

Automatic Subsidiary

Newly created or acquired subsidiaries will be seamlessly incorporated into the policy, requiring only a minimal amount of paperwork.

Error in Service

If an employee makes an error while providing a service, then E&O insurance covers resulting claims, cover court costs or settlements

Mitigation Costs

In case of errors and omissions, you might need to take steps to reduce or prevent further damage or loss, The policy can help cover cost of repairs.

Court Attendance Fees

Cover losses for attending court due to an E&O lawsuit, including lawyer's fees, travel expenses, and lost wages &actual loss of earnings costs.

Legal Representation Costs

E&O Insurance safeguards you from the financial burden of legal representation expenses when facing lawsuits. Whether in court or negotiating with regulators, this coverage ensures you have the support you need, including the cost of settlements.

Professional Inquiry Investigation

If an investigation or inquiry is conducted by a professional regulatory body, such as an industry association or government agency, this coverage indemnifies the loss incurred by the insured. It covers the costs of legal fees, settlements, fines, or judgments that may arise from such an investigation.

Coverages & Exclusions in

Errors & Omissions Insurance

Experience the convenience of Errors & Omissions (E&O) insurance with these key features

Automatic Subsidiary Coverage
Newly created or acquired subsidiaries will be seamlessly incorporated into the policy, requiring only a minimal amount of additional paperwork. However, this inclusion is contingent upon the acquired company being not more than one-fourth the size of the company implementing the policy.

Professional Inquiry Investigation
If an investigation or inquiry is conducted by a professional regulatory body, such as an industry association or government agency, this coverage indemnifies the loss incurred by the insured. It covers the costs of legal fees, settlements, fines, or judgments that may arise from such an investigation.

Mitigation Costs
In case of errors and omissions, you might need to take steps to reduce or prevent further damage or loss. The policy can help cover the cost of repairs, replacements, and other expenses incurred in such cases.

Loss of Documents In case of a lawsuit alleging loss or destruction of important documents, this policy will cover the legal and claim charges.

Legal Representation Costs
E&O Insurance safeguards you from the financial burden of legal representation expenses when facing lawsuits. Whether in court or negotiating with regulators, this coverage ensures you have the support you need, including the cost of settlements.
Important exclusions to note in Errors & Omissions (E&O) insurance:

Malicious Acts & Intentional Wrongdoing
This insurance doesn’t pay for any losses or damages if you purposely do something wrong or harmful. For example, if you lie about something important (that’s called “intentional misrepresentation”), steal something (that’s “theft”), or cheat in some way (that’s “fraud”), and these actions cause harm or loss, the insurance won’t cover it. These are considered intentional or malicious acts, which means you did them on purpose knowing they could cause harm.

Employee Illness or Injury
Claims related to fines, penalties levied by a court or governmental agency, or arising from contractual breaches or negligence on part of the insured are not covered under this policy.

Cyber Threats

E&O policy does not cover claims resulting from cyber risks, such as data breaches and cyber-attacks. This is covered separately when you purchase Cyber insurance.

Bodily Injury to Third Parties
This policy does not provide coverage for any third-party bodily injury claims arising from alleged or actual negligence during the provision of your business services.

About Errors & omissions Insurance

What is the jurisdiction/territory of the claim?

The jurisdiction limit of a claim indicates that the policy will cover only claims lodged in the courts of the listed countries. The territorial limit relates to the location where the act, error, or omission takes place

What limits do you need?

An insured business can opt for any limit of E&O coverage depending on its needs, business model, and financial position. Some factors that can influence the limit include the size of the business, financial background, time spent in the business, risk appetite, and so on.

Do I need E&O if I already have D&O, general liability, and product liability insurance?

The necessity of Errors and Omissions (E&O) insurance can depend on various factors, even if you already have Directors and Officers (D&O), general liability, and product liability insurance. For businesses operating in the financial services sector, including venture capital firms, private equity groups, and investment advisors, it’s common to amalgamate both E&O and D&O insurance into a single policy. This combined coverage provides a comprehensive safeguard against claims stemming from either category of risk. Furthermore, if your business involves investors, operates within a regulated industry, or belongs to a sector frequently subject to management litigation, the need for D&O insurance becomes more pronounced.

Is errors and omissions insurance required by law?

Errors and Omissions Insurance is not mandatory by law in India. However, some professional bodies and regulatory authorities may require certain professionals to carry this type of insurance as a condition of their membership or licensing. For example, the Institute of Chartered Accountants of India (ICAI) recommends its members to carry professional indemnity insurance. Similarly, the Insurance Regulatory and Development Authority of India (IRDAI) mandates insurance brokers to have professional indemnity insurance.

What are the most common reasons for claims in E&O policies?

Some of the most common reasons for E&O claims are as follows: Breach of Confidentiality Breach of Privacy Defamation, Libel, and Slander IPR Infringement Breach of Contract

Does E&O cover negligence?

Yes, E&O insurance typically covers negligence on the part of professionals in the services they provide to clients. Negligence here is a legal term that refers to the failure to exercise reasonable care or skill in the performance of one’s duties or responsibilities. E&O Insurance provides protection to insured professionals against claims of negligence, errors, or mistakes that result in financial losses to their clients.  

Is E&O insurance paid monthly or yearly?

E&O Insurance premiums are payable only on an annual basis. Monthly payment options are not available for this type of insurance.

Is E&O insurance tax deductible?

Yes, E&O insurance premiums paid by professionals in India are generally tax-deductible as a business expense. This means that the premiums paid for E&O insurance can be claimed as a deduction against the income earned by the professional, thereby reducing their taxable income and lowering their tax liability.

What are the two types of limits offered in E&O policies?

The two types of limits offered in E&O policies are:   Aggregate limit: This is the total amount your insurance provider will cover for the policy term (normally one year). Per occurrence limit: This is the amount your provider will cover in a single claim.  

Does E&O insurance cover breach of contract?

No insurance policy can protect you if you knowingly breach a business contract. However, a breach of contract caused by your error or oversight may be protected by errors and omissions insurance (E&O). E&O Insurance can cover breach of contract claims involving errors a do missions at work, services that have not been delivered, missed deadlines, budget overruns, incomplete work, and negligence allegations.

When should E&O claims be reported?

You should report claims to your provider in writing as soon as you become aware of the situation. Include any pertinent paperwork with your written report or chronological account of the occurrence. Notify the provider if you receive a summons or other legal process notice. Also, notify them if you receive a written demand, a written demand for money or services, or if you are asked to produce a recorded statement or documentation.

Why do insurance claims get rejected?

Insurance claims may get rejected for several reasons, including: Policy exclusions Non-disclosure of material information Inadequate documentation Failure to meet policy conditions Non-payment of premiums Fraud or misrepresentation
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