Professional Indemnity Insurance
What is professional indemnity insurance?
Known also as errors & omissions (E&O) insurance, professional indemnity insurance (PII) is a liability insurance. It protects individuals and organisations that provide professional advice and services from bearing the cost of defending against a negligence claim made by a client, and damages awarded in such a civil lawsuit. The coverage focuses on alleged failure to perform on the part of, financial loss caused by, and error or omission in the service or product sold by the policyholder.
PII coverage also provides for the defence costs, including when legal action turns out to be groundless. While coverage may include defence cost in case of criminal prosecution and regulatory investigations, it does not include other potential liabilities under civil law that are not specifically defined as being covered in the policy, and which may be subject to other forms of insurance (e.g. like D&O liability).
The risk of professional liability
Financial institutions and financial service providers have become increasingly concerned about professional liability exposures, with good reason. A single lawsuit can have devastating repercussions for a company’s solvency and reputation.
The financial industry has entered an era of unprecedented change: A wave of new regulations, rapid technological change, an evolving business environment, increased competition, the globalisation of financial markets and increasingly more sophisticated consumers are shaping the industry.
All of these changes lead to increased risk for financial institutions and financial service providers. The following is a list of some of the most common allegations brought against financial institutions in recent years, of which many, but not, would fall within the scope of a PII:
- Improper sales practices;
- Failure to follow client’s investment instructions;
- Failure to execute trades in timely manner;
- Suitability of investments;
- Inadequate disclosure of investment risk;
- Processing/trade errors;
- Violation of bank client secrecy;
- Misrepresentation of tax liability/consequences;
- Undisclosed commissions;
- Failure to supervise a registered representative;
- Analyst conflicts;
- Regulatory investigations;
- As well as some notorious criminal activities to the detriment of the client, e.g. churning, laddering, spinning, insider trading.
PI Insurance - what is covered?
The PII core coverage is to reimburse loss including defence costs of the insured organisation arising from a claim for any wrongful professional act of any insured in rendering or failing to render professional financial services.
It includes defence cost with regards to alleged wrongful professional acts. Additional coverage is available (subject to the conditions of a policy), like:
- the loss including defence costs resulting from any claim based upon unintentional libel or slander;
- cost to replace lost documents;
- cost of public relations consultants to mitigate the adverse effect on that insured entity’s reputation;
- daily allowance for each day on which an insured had to attend court as a witness in connection with a covered claim;
- the insured person’s defence costs in case of a formal or official hearing, investigation or inquiry by any regulator.
Application for Insurance compliant to FinSA
Taking out a professional liability insurance is a process that requires diligence. This factsheet [270 KB] provides relevant information.
If you are interested to receive a quote for professional liability insurance, please return us a completed application form [209 KB] . We provide transparency and assist the client in optimising its insurances.
Combined insurance solutions
For fund managers and for independent asset managers, there are combined insurance solutions available on the market, which include coverage for D&O-liability, professional indemnity and fidelity insurance.
Combined insurance solutions provide the advantage that certain coverage gaps are avoided from outset.
Why businesses need insurance
For most companies, insurance represents one of their biggest investments and their largest source of contingent capital. The main purpose of insurance is to protect their balance sheet, and to reduce volatility in the profit and loss account following a large loss.
The challenge for insurance buyers is raising the awareness of the value of insurance beyond that of a commodity, and articulating how individual insurance covers can contribute to the financial strategy and financial modelling of the organisation.
"Off-the-shelf" products or bespoke solutions?
A standard product, - the name says it all - often does not match the client’s individual risk profile and maybe leaving the client unaware of critical gaps in coverage. Leading insurers often provide 'off-the-shelf' insurances with impressive features and attractive pricing. Such policies are sometimes very efficient to bind, no annoying questions asked.
However, most of the times these standard products contain unusual exclusions that limit coverage and/or the insured has to comply with specific contractual obligations as a condition precedent to an insurance claim made and successfully settled. We help our clients to eliminate such clauses from their policies.
WALKER RISK SOLUTION has developed a methodology, which matches the client specific risk profile with insurance solutions available in Switzerland or in the London insurance market. This approach enables bespoke solutions that protect the client from financial loss arising from a variety of financial, operational, legal or regulatory risks.
WALKER RISK SOLUTION LTD
Bespoke Insurance Solutions for the Financial Sector
Expertise - Client Focus - Independence
