Professional Liability Insurance

Common Professional Liability Exclusions for Contractors

Common Professional Liability Exclusions for Contractors — what contractors need to know to protect against professional liability claims.

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What Your PL Policy Won’t Cover — And Why It Matters

Professional liability insurance (also called Errors & Omissions or E&O) protects contractors when a client claims your professional advice, design input, or project management decisions caused them financial harm. It covers legal defense costs and settlements — gaps that general liability leaves wide open.

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Bodily Injury and Property Damage Exclusion

PL policies exclude bodily injury and property damage — that’s GL territory. If a claim involves both professional services failure and physical harm, you may need both policies to respond. The PL covers the financial harm from professional error; GL covers the physical damage component.

Intentional Acts Exclusion

Deliberate wrongdoing, fraud, and criminal acts are universally excluded from professional liability. If you knowingly provide false advice or misrepresent your qualifications, PL won’t protect you. Coverage applies to unintentional errors and omissions, not intentional misconduct.

Prior Knowledge Exclusion

Claims arising from professional errors you knew about before the policy inception date are excluded. If you knew a design was defective when you purchased PL coverage, any resulting claim is excluded. Full disclosure to your insurer at application is essential.

Insured-vs-Insured Exclusion

Claims by one insured against another insured under the same policy are typically excluded. If two owners of the same firm sue each other for professional negligence, the policy won’t respond. This exclusion prevents collusive claims.

Pollution and Environmental Exclusions

Most standard PL policies exclude professional services related to environmental, mold, or asbestos work. Contractors providing environmental consulting, mold remediation specifications, or asbestos abatement design need specialty professional liability with pollution coverage included.

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Frequently Asked Questions

Does PL cover warranty claims?
Standard warranties are generally excluded — warranty fulfillment is a contract obligation, not a professional services claim. However, if the root cause of a warranty failure is a design error or professional mistake, PL may cover the professional services component.
What if the claim is partly covered and partly excluded?
When a claim involves both covered and excluded causes, the insurer may defend under a reservation of rights and seek to apportion covered vs. excluded damages. This can be complex — having experienced counsel is important in these scenarios.
Are punitive damages covered?
Most PL policies exclude punitive damages. Some jurisdictions don’t allow insurance coverage for punitive damages as a matter of public policy. Coverage applies to compensatory damages — actual financial harm suffered by the claimant.
Does PL cover disputes with my own employees or partners?
The insured-vs-insured exclusion typically prevents partners or employees from suing the firm under its own PL policy. Employment practices liability (EPLI) covers employment-related claims.
Are claims for cost overruns automatically covered?
Not automatically. PL covers cost overruns caused by your professional errors — design mistakes that required expensive rework, faulty specifications that had to be re-engineered, etc. Cost overruns from market conditions, owner scope changes, or contractor pricing issues are not professional liability claims.

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