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What is Errors and Omissions Insurance?

Errors & Omissions Insurance acknowledges the inherent risk in offering expert services: the risk of making a mistake or failing to meet a client's expectations.

The unique value of EO insurance lies in its coverage of claims arising from your professional services (or tech product). Whether it's an oversight in a contract, copyright infringement, a missed deadline, an error in a financial analysis, or alleged negligence, ESO insurance can cover the cost of defending your business in court, as well as any settlements or judgments you're required to pay.

Facing a claim without E&O insurance can drain your time, resources, and focus from serving your clients. With an E&O policy, your insurer takes on much of the burden of a claim, allowing you to continue your work with minimal disruption.

E&O Insurance provides coverage for errors such as:
  • Copyright infringement
  • Defamation
  • Errors, mistakes, or oversights incurred during the course of work
  • Failure to meet a deadline or deliver a specific service promised to a client
  • Professional negligence
  • Failure to meet a specific standard of care, especially if outlined by a given profession

What will an Errors and Omissions Insurance policy cover?

Experience the convenience of Errors & Omissions (E&O) insurance with these key features:

Automatic Subsidiary Coverage

Newly created or acquired subsidiaries will be seamlessly incorporated into the policy, requiring only a minimal amount of additional paperwork. However, this inclusion is contingent upon the acquired company being not more than one-fourth the size of the company implementing the policy.

Professional Inquiry Investigation

If an investigation or inquiry is conducted by a professional regulatory body, such as an industry association or government agency, this coverage indemnifies the loss incurred by the insured. It covers the costs of legal fees, settlements, fines, or judgments that may arise from such an investigation.

Mitigation Costs

In case of errors and omissions, you might need to take steps to reduce or prevent further damage or loss. The policy can help cover the cost of repairs, replacements, and other expenses incurred in such cases.

Court Attendance Fees

Cover losses for attending court due to an E&O lawsuit, including lawyer's fees, travel expenses, and lost wages.

Loss of Documents

In case of a lawsuit alleging loss or destruction of important documents, this policy will cover the legal and claim charges.

Error in Service

If an employee makes an error while providing a service then ESO insurance covers resulting claims.

Employee Dishonesty

Protect your business from third-party claims resulting from frauds or dishonest acts conducted by your employees. E&O Insurance covers investigation costs, legal fees, and damages caused by their actions.

Legal Representation Costs

E&O Insurance safeguards you from the financial burden of legal representation expenses when facing lawsuits. Whether in court or negotiating with regulators, this coverage ensures you have the support you need,including the cost of settlements.

What's not covered?

Since we believe in transparency, here are some cases where you won’t be covered.

Malicious Acts & Intentional Wrongdoing

This insurance doesn't pay for any losses or damages if you purposely do something wrong or harmful. For example, if you lie about something important (that's called "intentional misrepresentation*), steal something (that's "theft", or cheat in some way (that's *fraud"), and these actions cause harm or loss, the insurance won't cover it. These are considered intentional or malicious acts, which means you did them on purpose knowing they could cause harm.

Directors & Officers (D&O) Claims

Claims related to breaches of fiduciary duty, mismanagement, or any other wrongful acts committed by your company’s directors and officers are not covered under this policy. It is recommended to consider a separate Directors & Officers (D&O) insurance policy to safeguard against such claims.

Employee Illness or Injury

The policy does not extend to claims arising from bodily injury or illness sustained by an employee. To ensure protection against such claims, a dedicated Workers' Compensation insurance policy might be necessary.

Cyber Threats

ESO policy does not cover claims resulting from cyber risks, such as data breaches and cyber-attacks. This is covered separately when you purchase Cyber insurance.

Fines & Contractual Penalties

Claims related to fines, penalties levied by a court or governmental agency, or arising from contractual breaches or negligence on part of the insured are not covered under this policy.

Bodily Injury to Third Parties

This policy does not provide coverage for any third-party bodily injury claims arising from alleged or actual negligence during the provision of your business services.

Who needs a Errors and Omissions Insurance?

If your company performs a professional service, you run the risk of your client claiming that they suffered financial loss due to a faulty tech product or failure in your service. Errors & Omissions Insurance is designed for companies that sell tech products and professional services.

The types of businesses that need professional liability coverage to mitigate their risk include:
  • SaaS, Paas, Iaas
  • Banks, NBFCs, fintech
  • Edtech
  • E-commerce
  • IT Services
  • B2B consulting
  • Media & advertising
  • Doctors, lawers, architects, etc

The highest number of E&O claims in India are filed against architects, engineers and lawers.

FAQs

Is errors and omissions insurance required by law?
Errors and Omissions Insurance is not mandatory by law in India. However, some professional bodies and regulatory authorities may require certain professionals to carry this type of insurance as a condition of their membership or licensing. For example, the Institute of Chartered Accountants of India (ICAI) recommends its members to carry professional indemnity insurance. Similarly, the Insurance Regulatory and Development Authority of India (IRDAI) mandates insurance brokers to have professional indemnity insurance.
What limits do you need?
An insured business can opt for any limit of E&O coverage depending on its needs, business model, and financial position. Some factors that can influence the limit include the size of the business, financial background, time spent in the business, risk appetite, and so on.
Does E&O cover negligence?
Yes, E&O insurance typically covers negligence on the part of professionals in the services they provide to clients. Negligence here is a legal term that refers to the failure to exercise reasonable care or skill in the performance of one's duties or responsibilities. E&O Insurance provides protection to insured professionals against claims of negligence, errors, or mistakes that result in financial losses to their clients.
Does E&O insurance cover breach of contract?
No insurance policy can protect you if you knowingly breach a business contract. However, a breach of contract caused by your error or oversight may be protected by errors and omissions insurance (E&O). E&O Insurance can cover breach of contract claims involving errors and omissions at work, services that have not been delivered, missed deadlines, budget overruns, incomplete work, and negligence allegations.
When should E&O claims be reported?
You should report claims to your provider in writing as soon as you become aware of the situation. Include any pertinent paperwork with your written report or chronological account of the occurrence. Notify the provider if you receive a summons or other legal process notice. Also, notify them if you receive a written demand, a written demand for money or services, or if you are asked to produce a recorded statement or documentation.
Why do insurance claims get rejected?
Insurance claims may get rejected for several reasons, including Policy exclusions, Non-disclosure of material information, Inadequate documentation, Failure to meet policy conditions, Non-payment of premiums, Fraud or misrepresentation etc.