BOP liability coverage claims made policies offer a more straightforward approach to insurance claims.
This type of policy only pays out if you file a claim, and the premium is typically lower compared to an occurrence-based policy.
With a claims-made policy, the policyholder is only responsible for reporting incidents that occurred during the policy period.
The policy period usually starts on the effective date of the policy and ends on the expiration date, or the renewal date, whichever comes first.
What a Business Owner's Policy Covers
A Business Owner's Policy provides general liability, commercial property, business income, and extra expense coverage. This comprehensive coverage helps protect your business from a range of risks.
General liability insurance covers property damage, bodily injury, and personal and advertising injury, including legal costs, defense costs, and attorney's fees. This can be a lifesaver if your business is sued due to an accident.
Commercial property insurance helps protect the value of your business's physical assets, including buildings, equipment, and office space. If an accident or natural disaster hits your business, this insurance can help you recover.
What Does a Business Owner's Policy Cover?
A Business Owner's Policy provides general liability, commercial property, business income, and extra expense coverage.
General liability insurance covers three categories of damage: property damage, bodily injury, and personal and advertising injury.
Your insurer will cover the costs of any legal costs, defense costs, or attorney’s fees incurred while defending against covered lawsuits, as well as any medical expenses.
Commercial property insurance helps protect the value of the physical assets your business owns.
Property insurance provides coverage for buildings, equipment, or office space your business owns or leases, the contents of those spaces, and any property belonging to others that is in your care, custody, or control.
Your business personal property, which is your property not including buildings, such as equipment, tools, computers, artwork, furniture, and inventory, generally must be stored within 100 feet of your business premises to be covered.
Business income insurance provides coverage for financial losses, including loss of income and operating expenses if your business must temporarily close due to property damage.
Extra expense coverage covers extra expenses to keep your business running after an accident or disaster.
What Is a Policy?
A claims-made policy only kicks in when you file a claim during the policy period, covering incidents that happened after the policy's retroactive date.
This type of policy is common in industries with high associated expenses, such as medical malpractice insurance, which may feature lower average premiums for businesses than occurrence-based policies.
A claims-made policy will no longer cover you once your coverage ends, even if the claim being made concerns an incident that happened when you had coverage.
Claims-made policies usually have a retroactive date limitation, which determines the earliest point an insurance policy will cover an incident.
D&O insurance and professional liability insurance, also known as E&O or malpractice insurance, are examples of claims-made policies.
Policy Limits and Exhaustion
You can't afford to exhaust your claims-made policy limit, as it leaves you uninsured for future claims.
With occurrence policies, your aggregate limit resets every year, so you don't have to worry about exhausting your coverage.
Claims-made policies, on the other hand, require you to purchase a limit that must last for as long as you keep your policy.
If you have several large claims under your current policy, you could reach your coverage limit in a short amount of time.
This is particularly concerning if you're in a high-risk profession or have a lot of clients.
In that case, you may want to consider increasing your policy limit or switching to an occurrence-based policy.
Policy Options and Add-ons
When you're shopping for a business owners policy (BOP) with liability coverage, you may come across the term "claims-made." This means the policy only covers claims made during the policy period or after the policy period with prior acts coverage.
Prior acts coverage protects you in case of a loss or incident that happened before your policy started. This coverage goes back to your policy's retroactive date.
Some insurance carriers offer the option to purchase an extended-reporting period (ERP) or tail coverage for certain claims-made policies. An ERP can provide protection for losses that happened during the prior policy period.
This added protection can give you more peace of mind, especially if you're concerned about potential claims that may arise after your policy expires.
Policy Comparison and Costs
General liability insurance costs $42 per month on average.
A BOP (Business Owners Policy) costs $57 monthly on average. This is a significant difference, but it's essential to consider the comprehensive coverage that a BOP provides.
A BOP policy's cost can vary if you choose a higher coverage limit, especially for business interruption.
Cost Comparison: Bop vs. General Liability
When comparing the costs of a Business Owners Policy (BOP) and general liability insurance, it's essential to consider the average monthly costs. A BOP typically costs $57 per month on average.
General liability insurance, on the other hand, is generally more affordable, with an average monthly cost of $42. This difference in cost may not be significant for some small business owners.
The cost of a BOP can vary depending on the coverage limit. For instance, a BOP with a higher coverage limit for business interruption costs more.
The Final Answer Depends on Your Needs
If you're just starting out, a lower cost claims-made policy might be perfect for you. This type of policy is often a good option for new businesses with limited assets at risk.
A claims-made policy is a good choice if you don't plan to cancel your policy, as seen in the example where a carpenter's insurance lapse left them without coverage.
For a larger firm with more disposable cash and assets at risk, an occurrence-based policy may be more suitable, even if it costs more. This type of policy provides more comprehensive coverage.
If you're shopping for small business insurance, always ask your agent which types of insurance are occurrence-based or claims-made. This will help you make an informed decision based on your business needs.
Professional Liability Insurance
Professional liability insurance is a must-have for businesses that offer professional advice or services. It's also known as errors and omissions insurance.
If you're in a field where you could be held liable for mistakes, you'll want to consider this type of insurance. This includes occupations like accountants, architects, and engineers.
Professional liability insurance protects businesses from claims made against them for professional mistakes. It's a way to safeguard your company's reputation and finances.
Here are some occupations that may need professional liability insurance:
- Accountants
- Architects
- Engineers
- Graphic designers
- Information technology consultants
- Investment advisors
- Real estate agents and brokers
- Software developers
By having professional liability insurance, you can have peace of mind knowing that you're protected in case something goes wrong.
Occurrence-Based Policies
Occurrence-based policies are a type of liability coverage that provides protection for incidents that occur during the policy period, regardless of when the claim is filed.
These policies are often used for commercial general liability, workers' comp, and commercial auto, as they offer broader coverage that can last beyond the end of the policy period.
With occurrence-based policies, your aggregate limit resets every year, providing ample coverage as long as you keep renewing them. For example, if you have a $1 million occurrence-based general liability policy and get sued for $1 million in the first year, you'll have another $1 million of coverage to protect you when your policy renews at the beginning of year two.
Some common occurrence-based policies include:
- Commercial general liability
- Workers' comp
- Commercial auto
This type of policy can provide peace of mind, knowing that you're protected for incidents that occur during the policy period, even if the claim is filed years later.
Sources
- https://advisorsmith.com/business-insurance/business-owners-policy/
- https://www.forbes.com/advisor/business-insurance/general-liability-vs-business-owners-policy/
- https://www.shopify.com/ph/blog/business-owners-policy
- https://www.insureon.com/blog/occurrence-vs-claims-made-business-insurance
- https://www.nextinsurance.com/glossary/claims-made-policy/
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