Many professionals mistakenly believe that a professional liability policy purchased for their primary professional occupation would provide coverage for expert witness work. Certain areas of expertise, such as securities or M&A work, are considered high risk and may require additional underwriting information. An expert witness purchasing a stand-alone (not in conjunction with another professional service) professional liability insurance policy would purchase an MPL policy and disclose in the application the type of expert witness’s services offered, the revenue derived from these services, and the types of litigation to which they pertain. An MPL policy has a generic definition of wrongful act and ties the definition of professional Service to the services disclosed in the application for insurance, which forms a part of the policy and in most cases, acts as a warranty. Most other professionals fall in the realm of miscellaneous professional liability (MPL) and utilize a professional liability policy that is tailored to a specific profession. Professional Liability Insurance for Expert Witnessesĭoctors, lawyers, engineers, and accountants rely upon policies specifically designed for their professions and unique professional liability exposures. The policy is designed to defend the insured against claims and allegations of negligence, and to pay on behalf of the insured any damages and/or defense expenses. Professional liability insurance provides coverage for claims arising out of “wrongful acts” which are generally defined as actual or alleged negligent acts, errors, or omissions in the performance of professional services for others. Commercial general liability policies issued to professional service businesses generally contain a specific “professional services exclusion” to eliminate the possibility of having to defend or indemnify an insured for claims arising out of professional services. Examples of claims falling within the scope of this coverage include slips and falls on premises, injury caused by manufactured products, and libel or slander. Commercial general liability insurance covers claims against the insured arising out of bodily injury, property damage, personal and advertising injury. It is important for any insured, in this case an expert witness, to understand the differences between commercial general liability and professional liability insurance (a.k.a., errors and omissions insurance). Professionals such as doctors, lawyers, accountants, and yes, expert witnesses, face special risks from their performance of “professional services” for third parties, and thus have the need for professional liability insurance which is often called errors and omissions insurance.Ĭommercial General Liability versus Professional Liability Insurance While the nature of a business dictates specific insurance needs, most businesses carry a portfolio of insurance that includes property and business interruption, commercial general liability and excess liability, automobile liability and physical damage, and workers compensation insurance. Ten Ways Attorneys Kill Their Own Experts and Ten Ways Experts Can Protect ThemselvesĮxpert witnesses face many of the same risks other businesses face from first-party losses such as damage to property, to third-party losses from legal liability. Malpractice Litigation and Analysis of Professional Standards How to Identify and Manage Malpractice Risks in Your Role as an Expert WitnessĮxperts Sabotaging Themselves in Court-The Judges Tell All This article discusses the coverage options available to expert witnesses. Professionals such as doctors, lawyers, accountants, and yes, expert witnesses, face special risks from their performance of “professional services” for third parties, and thus have the need for professional liability insurance which is often called errors and omissions insurance. Expert witnesses face many of the same risks other businesses face from first-party losses such as damage to property, to third-party losses from legal liability.
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