Professional Indemnity Insurance in South Africa – Are They the Answers to Your Liability Cover?
One of the areas of greatest confusion is the difference between Professional Indemnity, General Liability and Product Liability Insurance. Professional Indemnity Insurance provides coverage for professionals (corporate or individual) for any negligent act, error or omission alleged to have occurred while in the performance of their professional activities and duties. It differs from General Liability and Product Liability Coverage in that the acts covered are those acts performed by an engineer, architect, doctor or attorney in rendering professional services to their clients. To better understand this coverage we will have a brief discussion below of Product Liability, Professional Indemnity and the application of the latter and how it functions.
A. Product Liability
Product Liability is the legal responsibility of a manufacturer to a consumer of its’ product. Liability arises out of the negligent manufacture of a product including defective or faulty workmanship, materials or components. It is a liability that arises from the failure of a manufacturer to properly manufacture, test or warn about its product and occurs when the product departs in a negligent manner from its intended function.
PI Insurance Explained
Professional Indemnity Insurance is an example of very good, quality contractor insurance, and its effects can be felt instantly from its cover. The policy itself protects a contractor should they make a mistake that leads to financial loss to another party. The reason that this would be costly to a contractor is because in these cases the party will no doubt file a negligence claim against the contractor that could then be very expensive. This is where such a policy would be effective as its vital protection would cover a contractor for all costs and fees in this case. In addition, having the insurance will bolster the perception that a contractor is in business on their own account, therefore aiding their IR35 position. Plus it will give clients the reassurance that there are sufficient resources to handle any recourse in the unlikely event of an alleged breach of duty, adding value to any tender.
When looking at all contractor insurances, it becomes clear that Professional Indemnity Insurance really is an essential policy and cannot be overlooked by contractors and freelancers alike. With its many benefits, not only concerning a professional's protection, but also their IR35 related tax status, it is a vital policy and compared to its many advantages, can be purchased easily and cheaply.
Professional Indemnity Insurance - Does it Help?
Counselors, psychologists and therapists who maintain private practices, even on a part time basis, must consider the litigious aspect of their practice and closely review their insurance policies to protect their practices. A key element of proper coverage is called Professional Liability Insurance. Psychologist, therapists and counselor Professional Liability Insurance typically contain comprehensive coverages for their practices as an employed or self-employed professional.
Let's begin with some basic definitions. Professional liability insurance is one aspect of general insurance, or risk financing, used to protect the purchaser from liability risks such as lawsuits and other similar types of claims. Professional liability insurance is often referred to as PLI, this is common in insurance industry jargon, though today it has become a well know laymen's term for many businesses and organizations. This type of insurance coverage can protect psychologist, therapists and counselors (and their respective practices) from suits and claims relating to errors in the performance of their professional duties.
Professional liability insurance can also be referred to as professional indemnity insurance or as errors and omissions insurance which is also referred to as E&O. It is a type of liability insurance that helps insure professional service providers, those people who provide "counseling, guidance and advice", such as therapists, psychologists and counselors, though there are many other types of service providers within this field. This class of insurance was designed to protect these service providers in the event of lawsuits, or in other words, to mitigate the onerous costs of these types of suits including negligence claims made by a client, and damages awarded in civil lawsuits. Professional liability insurance is required by law for certain types of professional service practices, and may also be required contractually predicated upon the individuals or businesses served by the psychologists, therapists and counselors.
This insurance is typically issued by carriers, but often sold by brokers or agencies. It insurance is designed to offer protection against third party insurance claims, to someone suffering loss who is not a party to the insurance contract. Damage caused intentionally may not be covered under these types of insurance policies. When a claim is made against a counselor, psychologist or therapist, the insurance carrier has a duty to defend the insured. It is important to note here, that the legal costs of a defense often do not affect policy limits, unless the policy expressly states this fact. This type of clause is important to counselors, psychologists or therapists as defense costs can increase precipitously when cases progress to trial. A simple error or omission can put an entire practice at risk, and these types of insurance policies should be specifically tailored to protect counselors, psychologists and therapists, from bearing the full cost of unexpected legal fees.
Professional Liability Insurance
Business liability insurance is tailored to protect your business against the cost of litigation and claims resulted from third party damages or bodily injuries caused due to negligence of your business. With respect to liabilities that a business can face, there are three main types of business liability insurances - public liability insurance, product liability insurance and professional indemnity insurance.
The above mentioned business insurance types differ from one another, but have their own importance in protecting the business from liabilities. Hence, it is very important for businesses to safeguard their investment and consider the three policies based on the type and need of their business. Before deciding on what to take, understand the differences between them.
Public liability insurance
Public liability insurance protects the insured against the third party claims that are likely to be raised due to damage to property, bodily injury or death occurred because of operation of the business.
Deciding the right package of business insurance is quite hard. You should, however, see to it that you purchase insurance to cover every aspect of the risk involved in your business. The most common insurance cover includes product liability, public liability and professional indemnity insurance. All three policies are different from each other, but they are intended to protect your business from different risks of claims and liabilities. Hence, ensure that you have proper cover for your business against possible liabilities.