Does Professional Liability Cover Breach of Contract?

Only partly: it covers a contract claim that really alleges negligent work, but many policies exclude liability you took on only through the contract, such as guarantees.

Only partly. If a client's breach-of-contract claim really alleges that your work was negligent, professional liability can respond to that part. What it typically won't cover is liability you took on only because the contract says so, such as a guarantee of results.

Hiscox's sample policy excludes some liability assumed only by contract, and The Hartford says many E&O policies exclude contract breaches. Clients often plead both theories in one lawsuit, so the negligence part may be defended while the pure contract promise isn't.

Before you sign a client contract, compare its indemnity, service-level and guarantee clauses with your policy's contract and warranty exclusions. A certificate of insurance doesn't change the policy wording, however your client reads it.

Updated . Check your quote and policy wording to see how this answer applies to your coverage. See the editorial policy or contact Spot with a correction and supporting source.

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