Professional Indemnity Insurance for Architects

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Questions and Answers

What is the first step in reviewing an insurance claim, according to the text?

  • Reviewing the policy's exclusions
  • Examining the insuring clause (correct)
  • Checking the date of the policy's issuance
  • Analyzing the conditions of the policy

An architect who starts a new business entity but does not inform their broker will still be covered under their existing policy.

False (B)

What is the term for the maximum amount of coverage provided by an insurance policy?

Limit of indemnity

An architect must take out insurance before commencing work, otherwise they will not be covered for their ______ projects.

<p>first</p> Signup and view all the answers

Match the key terms in the sample insuring clause with their definitions:

<p>Indemnify = To compensate for a loss or damage Retroactive date = The date from which coverage begins to apply Civil liability = Legal responsibility for harm caused to others Claim first made against the insured = The initial reporting of a claim against the insured Limit of indemnity = The maximum amount the insurer will pay for covered claims</p> Signup and view all the answers

What is the primary purpose of professional indemnity insurance for architects?

<p>To protect the architect from financial losses due to negligence or errors in their professional services (D)</p> Signup and view all the answers

Professional indemnity insurance typically covers liability assumed by the architect under a contract, even if it exceeds their common law liability.

<p>False (B)</p> Signup and view all the answers

What type of insurance is recommended to cover costs associated with travel risks for business employees?

<p>Business travel insurance</p> Signup and view all the answers

Professional indemnity policies are subject to limitations on coverage known as ______.

<p>exclusions</p> Signup and view all the answers

Match the type of insurance with its primary purpose:

<p>Motor vehicle insurance = Covers damage to a business's vehicles and damages they cause Professional indemnity insurance = Protects against financial losses due to negligence or errors in professional services Business travel insurance = Covers travel risks, such as medical expenses and cancellations Cyber liability insurance = Covers financial losses due to cybercrime incidents</p> Signup and view all the answers

A contractor working for a company during the contracting period is typically covered under the company's Professional Indemnity (PI) policy.

<p>True (A)</p> Signup and view all the answers

What is NOT covered under an architect's PI policy?

<p>Private projects undertaken by employees using their employer's resources without consent (D)</p> Signup and view all the answers

The ______ is the maximum amount the insurer will pay for any one claim under the policy.

<p>limit of indemnity</p> Signup and view all the answers

What type of professional indemnity insurance cover provides protection for claims regardless of when the acts, errors, or omissions occurred?

<p>Unlimited retroactive cover (B)</p> Signup and view all the answers

What is the purpose of the 'retroactive date' in a PI policy?

<p>The retroactive date determines the earliest date for which the policy provides coverage for claims arising from past work.</p> Signup and view all the answers

Professional indemnity insurance covers a service provider's liability associated with business operations, such as slip and falls on the premises.

<p>False (B)</p> Signup and view all the answers

Who is typically NOT covered under an architect's Professional Indemnity (PI) policy?

<p>Professional subconsultants engaged indirectly by the architect (B)</p> Signup and view all the answers

Match the following terms with their corresponding definitions:

<p>Limit of Indemnity = The most the policy will pay for any one claim Professional Business = Activities associated with the conduct of the profession stated in the policy schedule Retroactive Date = The earliest date for which the policy provides coverage for claims arising from past work Subconsultants = Professional advisors hired by the architect to provide specialized services</p> Signup and view all the answers

What is the primary difference between unlimited and limited retroactive cover in professional indemnity insurance?

<p>Unlimited retroactive cover provides protection for claims regardless of when the acts, errors, or omissions occurred, while limited retroactive cover only provides protection for claims that occurred after a specific date.</p> Signup and view all the answers

An architect's Professional Indemnity (PI) policy typically covers the errors of professional subconsultants.

<p>False (B)</p> Signup and view all the answers

Professional indemnity insurance is a ______ insurance policy.

<p>claims-made and notified</p> Signup and view all the answers

Which of the following scenarios would be covered under public liability insurance?

<p>A client tripping over a loose floorboard in an office (E)</p> Signup and view all the answers

What is the significance of defining the 'professional business' in a PI policy schedule?

<p>It ensures that all professional activities undertaken by the practice are covered by the policy.</p> Signup and view all the answers

Match the type of insurance to the correct description:

<p>Professional Indemnity = Covers a service provider's professional liability, such as errors in advice or services Public Liability = Covers a service provider's general liability, such as incidents occurring on business premises Occurrence-based = Coverage is based on the occurrence or event, regardless of when it was reported Claims-made and notified = Coverage is based on the date the claim is made and notified to the insurance company</p> Signup and view all the answers

An employee working on their own private projects ______ be covered under their employer's Professional Indemnity (PI) policy.

<p>will not</p> Signup and view all the answers

What is the primary concern with contractual clauses that require an architect to guarantee project outcomes or provide indemnities for all client losses?

<p>They could lead to uninsured liability due to an 'assumed liability' exclusion. (D)</p> Signup and view all the answers

Asbestos-related claims have typically been covered by professional indemnity insurance policies since the early 2000s.

<p>False (B)</p> Signup and view all the answers

What is the common insurance right that allows an insurer to pursue claims against a third party who caused losses for which the insurer has paid out on behalf of an architectural practice?

<p>Subrogation</p> Signup and view all the answers

The ______ exclusion in professional indemnity insurance policies may limit coverage if an architect's actions hinder the insurer's right of subrogation.

<p>Waiver of rights</p> Signup and view all the answers

Match the following exclusions with their explanations:

<p>Assumed Liability Exclusion = Applies to contractual clauses that require an architect to guarantee project outcomes or provide indemnities for client losses. Waiver of Rights Exclusion = Reduces coverage if an architect's actions prevent the insurer from exercising their right of subrogation. Asbestos Exclusion = Typically excludes coverage for claims related to asbestos, including any services or subcontractors involved with asbestos. Aluminium Composite Panels (ACP) Exclusion = A recent exclusion found in many policies, often relating to claims arising from the use of non-conforming ACP or other building products.</p> Signup and view all the answers

Flashcards

Insuring Clause

The part of an insurance policy that outlines coverage terms.

Civil Liability

Legal responsibility for damages in a civil court context.

Limit of Indemnity

The maximum amount an insurer will pay for a claim.

Conduct of the Business

Includes actions taken in the normal course of company operations.

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Retroactive Date

The date before which the insurance coverage does not apply.

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Claims Made and Notified

Policy provision requiring claims to be reported during the insurance period.

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Who is Covered?

Entities listed in the insurance policy are eligible for coverage.

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Coverage Scope

Covers current, future, and former employees, directors, and their estates if insured.

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Contractor Coverage

Contractors covered only if working during the contract period for the insured entity.

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Subconsultant Coverage

Professional subconsultants usually not covered unless under a strong extension in policy.

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Moonlighting Exclusion

Employees' private projects are not covered by employer's insurance if done without consent.

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Professional Business Definition

Functions associated with the conduct of the stated profession in the schedule.

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Legal Defense Costs

Costs for legal defense may be included in the limit or additional to it.

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Insurance Compliance

Employees must discuss private jobs with employers to seek coverage clarification.

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Assumed Liability Exclusion

Clauses that may lead to uninsured liability for architects if claims arise from warranties or guarantees.

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Waiver of Rights Exclusion

Exclusion that allows insurers to reduce coverage if architects hinder recovery rights after payment.

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Subrogation Rights

Insurer's right to recover losses by taking the architect's position in a claim against a third party.

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Asbestos Exclusion

Common exclusion in indemnity policies for claims related to asbestos since the 2000s.

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Aluminium Composite Panels Exclusion

Recent exclusions for claims arising from the use of aluminium composite panels or non-compliant products.

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Unlimited Retroactive Cover

Coverage for all claims regardless of when the error occurred.

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Limited Retroactive Cover

Coverage only extends to claims after a specified date.

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Professional Indemnity Insurance

Insurance covering service providers' professional liabilities.

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Public Liability Insurance

Insurance that covers general liability unrelated to professional services.

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Claims Made Insurance

Insurance where coverage is triggered when a claim is made.

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Occurrence-Based Insurance

Insurance that covers events occurring during the policy period.

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Nature of the Claim

Determines which insurance policy is applicable based on the situation.

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Duty of Care

Legal obligation to ensure the safety of others in professional settings.

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Misconception about Personal Injury

Not all personal injury claims fall under public liability insurance.

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Cyber-crime costs

Expenses associated with various cyber-crimes like hacking and data breaches.

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Motor vehicle coverage

Insurance that covers damages to and caused by business vehicles.

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Business travel insurance

Covers costs for travel-related risks faced by employees.

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Common policy exclusions

Limitations on coverage that professionals must understand.

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Contractually assumed liability exclusion

Exclusion in insurance for liabilities assumed through contracts.

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Data breach impact

Financial and reputational consequences from unauthorized data access.

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Denial of service attack

A cyber-attack aimed at making a service unavailable to users.

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Ransom attacks

Malicious efforts to extort money by blocking access to data.

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Group policies

Insurance plans that cover multiple people, often more economical.

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Study Notes

Professional Indemnity Insurance

  • Professional indemnity insurance is crucial for architects to protect their businesses from claims.
  • The "insuring clause" is a key part of the policy, dictating what the insurance covers.
  • The insuring clause covers the architect's business liability for actions from a certain date to the period of insurance.
  • "Civil liability" is covered, not criminal liability.
  • The "limit of indemnity" is the maximum amount the insurance will pay for a claim.
  • "Conduct of the professional business" refers to the insured's activities, which need to be clearly defined on the policy.
  • The retroactive date sets the starting point for coverage.
  • The insured includes the business entity, predecessors, current/future employees and directors, estates of insured individuals.
  • Contractors are covered only while working for the insured entity during the contract period.
  • Professional Indemnity (PI) insurance is mandatory in most Australian states/territories.

Professional Indemnity vs Public Liability Insurance

  • PI insurance covers professional liability relating to service provision and advice.
  • PI insurance is a "claims made and notified" type of insurance.
  • Public liability covers general business liability, not directly tied to the profession
  • The nature of the claim and the duty of care determine the relevant policy to use.
  • PI insurance is needed for claims arising after the retroactive date.
  • There are different types of insurance considered, including Office insurance, Public liability to cover general liabilities, Glass, Electronic and general property.

Common Policy Exclusions

  • Policy exclusions limit coverage.
  • "Waiver of rights" exclusions restrict the insurer's ability to pursue claims against third parties.
  • Asbestos-related claims are generally excluded.
  • Professional fees are usually not covered.
  • "Contractually assumed liability" exclusions don't cover liability a client has specifically agreed on.
  • "Prior known claims/circumstances" are often excluded from claims.

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