Insurance & Liabilityconcept
The firm's insurance portfolio: Professional Liability, CGL, Workers' Comp, and secondary lines
One-line orientation
Each insurance policy covers a different kind of loss. Start by separating professional mistakes, general business injuries, employee injuries, vehicles, and property.
Key points
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Professional Liability Insurance (Errors & Omissions / E&O):
- Covers claims for negligent professional acts — errors, omissions, and mistakes made while providing architectural services — plus damages if the architect is found liable.
- Does not cover intentional wrongdoing or promises made above the standard of care (guarantees, “best efforts” language, warranting results).
- This is a claims-made policy (see related card).
- AIA B101 requires architects to carry it.
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Commercial General Liability (CGL):
- Covers bodily injury and property damage to third parties arising from non-professional business operations — a client injured at the office, an employee who accidentally damages a client’s property.
- Typically an occurrence-based policy.
- AIA B101 requires architects to carry it.
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Workers’ Compensation:
- State law sets when workers’ compensation is required and what minimum coverage applies.
- Covers employees injured while performing their job.
- It is generally the employee’s exclusive remedy for covered workplace injuries, subject to jurisdiction-specific exceptions.
- AIA B101 requires architects to carry it.
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Employers’ Liability:
- Covers employee-injury claims that fall outside the workers’-comp statutory system (e.g., third-party-over claims). Usually written together with Workers’ Comp as Part Two of the same policy.
- AIA B101 requires architects to carry it.
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Automobile Insurance:
- Required when employees use company-owned vehicles, rent cars for business, or use personal vehicles for business purposes.
- AIA B101 requires architects to carry it.
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Secondary / supplemental lines:
- Employment Practices Liability — protects the firm from employee litigation (discrimination, wrongful termination claims).
- Property Insurance — covers the office and its contents against covered causes such as fire or theft. Flood generally requires separate coverage.
- Valuable Papers Insurance — covers replacement of drawings, models, and critical project documents.
- Fidelity Bond — covers employee theft.
- Umbrella / Excess Coverage — generally adds limits above CGL, auto, and employers’ liability. Professional liability needs its own excess coverage.
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Policy basics:
- Premium is typically proportional to the firm’s average billings; affected by claim history, project types, and risk-mitigation practices.
- Policy limit = maximum the insurer pays; the firm is responsible for anything above it.
- Deductible = the amount the firm pays before the insurer covers the remainder.
- Some project types (e.g., condominiums) are more litigious and raise premiums.
Confusions / comparison
| Policy | What it covers | Policy trigger | Mandatory? |
|---|---|---|---|
| Professional Liability (E&O) | Negligent professional acts, errors, omissions | Claims-made | Yes (B101 §2.5) |
| Commercial General Liability (CGL) | Bodily injury / property damage from non-professional operations | Occurrence | Yes (B101 §2.5) |
| Workers’ Compensation | Employee on-the-job injuries | Statutory / occurrence | Yes (statutory + B101 §2.5) |
| Employers’ Liability | Employee-injury claims outside the workers’-comp system | Occurrence | Yes (B101 §2.5) |
| Auto Insurance | Vehicle use for business | Occurrence | Yes (B101 §2.5) |
| Employment Practices Liability | Employee litigation against the firm | Usually claims-made; policy-specific | No |
| Property Insurance | Office and contents | Occurrence | No |
| Valuable Papers | Drawings, models, documents | Occurrence | No |
| Fidelity Bond | Employee theft | Occurrence | No |
| Umbrella / Excess | Added limits above listed underlying policies, generally CGL/auto/employers’ liability | Follows underlying | No |
Related
→ pp-claims-made-vs-occurrence — how E&O (claims-made) and CGL (occurrence) differ on timing of coverage
→ pp-standard-of-care — why contract language that raises the SoC is uninsurable under E&O
→ pp-surety-bonds — bonds required of the contractor (bid, performance, payment) — distinct from firm insurance
→ pp-certificate-additional-insured-subrogation — proof of coverage and named-party instruments
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