professional indemnity insurance what it protects a professional from
TRANSCRIPT
Reliance Partners
Address: Level 3, 10 William Street,
Perth, Western Australia 6000
Phone: 1300 403 386
Email:
Professional Indemnity
Insurance: What it
Protects a Professional
From
Professional indemnity insurance is a business insurance that protects firms
and individuals that offer professional advice or expertise to others.
It serves as protection against legal costs and damage claims to a third
party. The damages may arise out of an act, omission, or breach of
professional duty in the course of a business transaction.
Negligence
Professionals, especially those who provide advice or expertise to any third
party, owe a duty of care to clients. This means they need to take all
reasonably practical steps to prevent any errors or omissions that may cause
harm to the clients.
Negligence can happen when a professional:
- Owes a duty of care to the plaintiff; - The duty of care was breached;
- The breach caused loss or damages to the plaintiff.
A professional can be negligent if the
plaintiff incurred damages or losses as a
result of the professional’s negligent act,
error, or omission.
Loss of Documents or Data
Professionals who lose a client’s documents
or important paperwork can be slapped
with a professional indemnity claim. The
recordkeeping is still considered a part of
their duty, and when this is not followed,
they may be liable.
Libel and Defamation
Professionals who make defamatory, derogatory, or malicious claims about a
competitor can also be slapped with an indemnity claim. This is because as
professionals, one is expected to abide by certain codes of conduct and
professionalism.
Slanderous, defamatory, or libellous statements made are unbecoming of a
professional.
Breach of Confidence
Lawyers, doctors, and other professionals follow a confidentiality agreement
with their clients. This means any communication between the client and the
professional is privileged and cannot be disseminated without proper consent
from the concerned parties.
Professional indemnity insurance provides
coverage for infringement of design or
disclosure of privileged information.
All insurance policies carry exclusions and
can be customised depending on one’s
profession or industry. Legal advice, as
well as consultations with insurance
providers, is still the recommended option
to find a suitable indemnity insurance
coverage.
Resources:
http://reliancepartners.com.au/product/professional-indemnity/
http://injury.findlaw.com/product-liability/legal-basis-for-liability-in-product-
cases.html
http://ausdance.org.au/articles/details/why-is-public-liability-insurance-a-
must-have-for-dance-teachers-and-studio
http://www.contractorweekly.com/contractor-insurance/professions-that-
require-pi-insurance