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- Who is an Insured - Professional Liability
- Professional liability policies provide coverage to the insured, but who is the insured? While the exact definition of insured varies from policy to policy, the general concept of insured is typically the same from policy to policy.
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- Non-Affiliated Additional Insureds & Professional Liability Insurance
- The addition of a non-affiliated organization, such as an insured's client, to a policy as an additional insured can be complicated for standard business insurance coverages. This additional insured provision presents even more complications and limitations for specialty lines coverages such as professional liability insurance. While this article will not provide any definitive answers, it will provide general guidance on the prospects of adding additional insureds to professional liability policies and will identify some of the key issues to both the insured and insurer.
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- Contractual Indemnification & Professional Liability Policies
- The underwriters' intent in providing professional liability coverage is to protect the insured from financial loss from liability the insured may sustain from its negligence in providing professional services. The underwriter's intent is not to provide coverage for any other liability, including liability the insured may have assumed under contract.
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- Insured vs. Insured Exclusions
- Most professional liability policies, including directors and officers and employment practices policies, contain a provision called the insured versus insured exclusion. This provision excludes from coverage any claim brought by one insured against another insured.
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- Certificates of Insurance
- A certificate of insurance is a representation, usually by an insured's agent, that insurance is currently in force. The certificate of insurance provides relevant information to the recipient on the insurance carried by the insured. The recipient can then be comfortable that the appropriate insurance is in place to protect their interests.
- For example, a client of the insured might want a certificate to ensure that liability insurance is in place to protect the insured should the recipient need to recover damages from the insured in a lawsuit. Or a lender might want a certificate to ensure that property coverage is in place to protect the insured in the event that the property is damaged.
- Professional Liability (Errors and Omissions or E&O) Coverage
- Professional Liability insurance is a form of insurance designed to protect professionals and professional organizations from financial loss from their negligence. Professional liability insurance is made up of many segments, and is also called "errors and omissions", "E&O", or "malpractice" insurance. (See our class listing here).
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- Directors and Officers (D&O) Coverage
- Directors and Officers (D&O) coverage protects the directors and officers of corporations and other entities against legal judgments and related expenses resulting from allegations of wrongful acts committed in their individual capacity as company directors and officers. Tennant Risk Services writes all types of D&O Insurance coverage (see here).
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- Employment Practices Liability (EPL) Coverage
- Driven by an explosion of employment related lawsuits, employment practices liability (EPL) coverage is a new and growing line. Recent legislative and legal changes have provided significant incentives for employees to file employment-related claims, and employers now possess an increased awareness of employment exposures and are receptive to coverage recommendations that offer greater risk protection.
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