Errors & Ommissions Insurance: An Update on Legal Issues


The prudent professional would be well-advised to secure professional liability insurance as the risks and potential liability associated with the practice of professions continue to grow. Professional liability insurance, or E&O (errors & omissions) as it is more commonly known, can be obtained in addition to general liability insurance policies and seeks to protect professionals from the financial loss and civil liability they can incur as a result of negligent acts, errors and omissions during the performance of professional services. E&O policies also cover costs associated with defending an action which can become quite hefty, even where liability is not established. Only professionals are eligible for E&O coverage, but non-professionals, such as technicians, labourers, employees, do not qualify.

The purpose of this paper is to provide an update on the issues raised in recent case law on E&O coverage and related issues, and to discuss the implications of these cases on the insurance industry.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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