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  • 1.  professional liability insurance

    Posted 09-13-2013 06:51 PM
    We have a public school district client in california asking for "Occurrence Based Professional Liability insurance" : My broker says that  "There's no occurrence based Professional Liability in the market.  All Professional Liability policies for Architects/Engineers are written on claims-made basis." 

    So if anyone knows of an insurance company or broker that does provide occurrence based insurance i would be extremely grateful.

    thanks


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    Mark Bartos AIA
    Bartos Architecture, Inc.
    San Mateo CA
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  • 2.  RE:professional liability insurance

    Posted 09-16-2013 06:32 PM
    Mark, if you have professional liability insurance, you probably already have what they are asking for. In my experience, policies are written for X dollars in the aggregate, and X dollars per occurrence (or per claim). Per occurrence / per claim means the same thing.

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    Betsy Nickless, CDFA
    Mark Scheurer Architect, Inc.
    SDA-Orange County Chapter
    Newport Beach CA
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  • 3.  RE:professional liability insurance

    Posted 09-17-2013 05:52 PM
    I know that I can get a Certificate of Insurance for a specific project from my broker if it is required. Basically, it affirms that my Insurance Company is aware ahead of time of that specific project and that my insurance is in effect and will cover any claims.

    It is similar to getting a Certificate of Insurance on your general liability policy for something like a trade show where you'll have a booth. Many venues require those.

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    Thomas Bank AIA
    Principal Architect
    Simply Stated Architecture, P.C.
    Lemoyne PA
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  • 4.  RE:professional liability insurance

    Posted 09-19-2013 09:41 AM
    I think the indication you have gotten is correct.  Malpractice insurance is offered on a claims made basis - not an occurrence basis.  The primary difference is simple - for occurrence based insurance, the coverage must be in place when the occurrence that gives rise to the claim occurs (hence the term "occurrence based".  For claims made insurance, the policy must be in effect when the claim is actually made - which will be definition be some time later.

    If an Architect drops coverage between the time the occurrence arises and the claim is made, there is no coverage in effect when the claim is made, which is probably the concern the Owner is seeking to address.  However, while one can understand why an Owner would ask that question, the reality is that occurrence based malpractice insurance is simply not available.

    For a time, many carriers offered project policies, but the problem with that was many Owners - and even Architects (since the claims did not apply to their general malpractice policies) considered those policies little more than slush funds to cover additional project expenses.  Carriers lost a fortune on those policies and they generally stopped offering them, although some may do it on a limited basis again (understand that it is very expensive).

    This sort of question engenders another one.  The Institute should engage with the professional liability insurance industry so that the profession and the membership is better educated on these sorts of things and even has a voice in the development of insurance products that would benefit the average practitioner.  However, the Institute has passed on the opportunities that have presented to do that, and in my opinion that isn't a positive thing, but be that as it may. 

    As a consequence, besides your broker, there is really no other source of information on questions like this.  The best advice is find a good one you can trust, and take their advice.  On this question I think the advice rendered is correct.  Malpractice insurance (and not just for Architects) is offered on a claims made basis.  One possible compromise would be for you to place a indication in your policy to the effect that if the coverage is set to expire, notice will be afforded to client who has expressed concern.  That should be doable, but in general the market simply doesn't offer occurrence malpractice policies to any professional.



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    Frederick Butters FAIA, Esq.
    Frederick F. Butters, PLLC
    Southfield MI
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  • 5.  RE:professional liability insurance

    Posted 09-17-2013 07:44 PM
    Thank Betsy. Yes we do have Professional Liability Policy. And you are correct about how the policies are written in the per claim and in the aggregate. Like a 1 Million | 2 million or 2 Million |2 Million policy etc... however...

    An "occurrence policy" is complete when you purchase it and on cancellation continues to provide coverage for future claims based on conduct that took place during that policy term.

    "Claims made" policies provide coverage only so long as the insured continues to pay premiums for the initial policy and any subsequent renewals.

    perhaps Occurence Polices are available in states other than California?

    anyone?

    ...

    anyone?

    thanks



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    Mark Bartos AIA
    Bartos Architecture, Inc.
    San Mateo CA
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  • 6.  RE:professional liability insurance

    Posted 09-18-2013 06:36 PM
    Maybe the School District wants to be sure you have coverage during the 7-year (or whatever California has) period for claims after substantial completion.

    You may not be able to guarantee that you will be around that long, but maybe if you offer 2 years (most big claims come up soon after the job is done), they would go for that.

    You could start by asking them "what do you want this insurance to cover?"  The person asking you for it may not know as much as you do about what is available.  Perhaps (after some orientation from you) your broker could call and sort out what's available.

    If it costs more, and would only benefit the one client, will they pay?

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    Joel Niemi AIA
    Principal
    Snohomish WA

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  • 7.  RE:professional liability insurance

    Posted 09-18-2013 06:51 PM
    Without going into specifics, I do not believe replies to date are fully informed/accurate.
    In the insurance world ANY kind of policy can be obtained, with ANY terms, with ANY limits, and for ANY specific project.
    The only unknowns are how much will it cost, and will your current carrier be responsive to what your potential client desires.
    Why are you asking for advice in this forum, from architects, rather than from insurance professionals? 
    Your broker gets paid to assist you in this situation, so I find his/her response unsatisfactory (to be kind). 
    He/she should have immediately sought to provide you with the kind of service promised you when you bought your policy.

    There may simply be some confusion due to improper semantics, or the District may have a specific policy form in mind (they have likely done this before, so this is not a 'new' concept.

    Your response to your broker's 'sorry about that' statement should have been..   "Call Mr. ___ at the School District, ASAP, and find out specifically what insurance they want...  then call me back to explain how you are going to meet those requirements, before the end of business today, followed by an email or fax with the details and cost!."

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    Howard Littman AIA
    Forensic Architect, Expert Witness
    Howard I. Littman, AIA
    Agoura Hills CA
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  • 8.  RE:professional liability insurance

    Posted 09-18-2013 02:44 AM
    Mark,
    ,
    "Claims made" coverage responds to incidents reported during the policy term, which is typically one year. "Occurrence" coverage responds to incidents arising from the coverage period regardless of when the claim is reported. They are not the same. Professional liability insurance for architects is offered on a "claims made" basis. I suggest that you include your broker in your communications with the client so that she or he can explain the coverage available. It may be just a misunderstanding on the part of the client.

    Helpful information is available at www.theaiatrust.com. It is a PLI resource provided for AIA members. You may find particularly helpful The AIA Trust Professional Liability Insurer Database.

    Jim

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    James Atkins FAIA
    Atkins Consulting
    Dallas TX
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