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In Ontario, professional liability insurance is a must-have for businesses and professionals who offer services that could potentially harm clients. This type of insurance protects against lawsuits and financial losses due to negligence or mistakes.
The Ontario government requires certain professionals, such as architects and engineers, to have professional liability insurance. This requirement is outlined in the Architects Act and the Professional Engineers Act.
Having professional liability insurance can also give businesses and professionals a competitive edge in the market. It shows that they are committed to providing high-quality services and are willing to take responsibility for their actions.
In Ontario, the cost of professional liability insurance varies depending on the type of business or profession. For example, lawyers in Ontario typically pay between $1,000 and $5,000 per year for professional liability insurance.
Why You Need It
You need professional liability insurance if you provide advice or offer services in exchange for a fee. This type of insurance is also known as Errors and Omissions Insurance or Malpractice Insurance, and it's required to practice legally in some occupations.
If you're in a profession that involves proofing, quality control, advising, or communication, there's a risk of error. Having professional liability insurance is one aspect of risk management, which is crucial for your business' longevity and well-being.
The coverage levels for professional liability insurance policies vary, but common levels include $1 million, $2 million, and $5 million. These are the maximum dollar amounts that your policy will pay out during the 12-month policy term, regardless of how many claims you end up making during this time.
You'll want to work with a professional liability insurance broker to determine the total amount of coverage you need for your business. This will depend on your risk, which is based on your industry, business experience, and more.
Types and Amounts
In Ontario, professional liability insurance comes with specific requirements. The By-laws of the College stipulate that the insurance must be on a claims-made form.
To ensure you meet the requirements, it's essential to understand the type of insurance needed. The By-laws describe the requirements for professional liability insurance, which must cover the full scope of practice, including the controlled acts authorized to the profession, as set out in sections 3 and 4 of the Naturopathy Act, 2007.
Here are the key requirements for the type and amounts of professional liability insurance in Ontario:
- Claims-made form
- Full scope of practice, including controlled acts from sections 3 and 4 of the Naturopathy Act, 2007
- Deductible of $1,000 or less
- Insurer licensed by the Financial Services Regulatory Authority of Ontario – FSRA (formerly Financial Services Commissioner of Ontario) or a substantially equivalent body
- Amounts stipulated
Types and Amounts
Professional liability insurance is a vital tool in operating a successful practice, whether in law, business, or healthcare.
Everyone makes mistakes, but with the proper coverage, you can be sure you’re always protected.
Sharp Insurance offers professional liability insurance in Alberta and Ontario, providing crucial protection for hardworking law professionals, financial advisors, consultants, counsellors and more.
Protecting your company’s reputation is non-negotiable, especially if you provide professional services or advice to your clients.
Commercial general liability insurance is imperative to any business, but it's not enough to protect professionals from a broad variety of errors, omissions and negligent acts.
Professionals in Alberta and Ontario need professional liability insurance to protect their business.
You can obtain a free professional liability insurance quote with Sharp Insurance today, simply by clicking the quote button to begin.
One of their experienced professional liability insurance brokers will work on your behalf to find you great coverage at a better price.
Type and Amounts
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Professional liability insurance is a crucial requirement for many professionals. It must be on a claims-made form.
The By-laws of the College specify the requirements for professional liability insurance, including the type of form it must be on. This form is designed to cover claims made during the policy period.
You'll also need to ensure the insurance covers the full scope of practice, including controlled acts authorized to the profession. This includes acts set out in sections 3 and 4 of the Naturopathy Act, 2007.
A deductible of $1,000 or less is also required. This means you'll need to pay the first $1,000 of any claim before the insurance kicks in.
To find a suitable insurer, look for one licensed by the Financial Services Regulatory Authority of Ontario – FSRA (formerly Financial Services Commissioner of Ontario) or a substantially equivalent body outside of Ontario.
Here are the key requirements for professional liability insurance:
- Claims-made form
- Full scope of practice coverage
- $1,000 or less deductible
- Insurer licensed by FSRA or substantially equivalent body
For registrants with a General Class certificate of registration, the minimum insurance requirements are $2 million per claim and $2 million aggregate.
Reporting and Claims
You'll need to report your insurance information to CPA Ontario annually, providing details such as the insurance provider, policy number, and expiry date. This must be done through My Portal, with the deadline being within five business days of the expiry date.
Failure to provide proof of coverage on time can result in the suspension of your firm and its representative, with a 30-day window to reinstate once the proof is provided. If you don't meet this deadline, your firm will be deregistered and your membership revoked.
To report your insurance information, log in to My Portal, select Firm Dashboard, and follow the prompts to update your Professional Liability Insurance details.
Claims Examples
Professional Liability Insurance claims can be costly and stressful, but having the right coverage can save you financially and emotionally.
A claim can arise from a simple administrative error, such as an accountant making a mistake that results in a client owing a large amount of money in taxes, which can total up to $250,000.
In some cases, a client may sue you for financial loss due to a marketing strategy that didn't deliver the promised results, with costs totaling $190,000.
Professional Liability Insurance can cover defence costs, medical fees, and monetary judgments, such as when a healthcare professional proceeds with treatment despite a client's injury, resulting in a total cost of $56,000.
A claim can also occur when you hire someone without doing a thorough background check, which can lead to a negligence lawsuit.
In some instances, a client may sue you for negligence due to a tax filing error, which can be costly to defend and settle.
How to Report
To report your professional liability insurance, you must update your information on file with the College. This includes the name of the insurer, the name of the broker, and the policy number.
You're also required to notify the College within two business days if your insurance information has changed or if you're no longer insured. This is a crucial step to ensure your membership remains in good standing.
As a firm representative, you must report your insurance information to CPA Ontario through My Portal. You'll need to provide the insurance provider, source of coverage, number of members in the firm, limit of liability per claim, policy number, and expiry date.
To report your insurance information, log in to My Portal, select Firm Dashboard, and choose the appropriate firm. From there, select Professional Liability Insurance and update your insurance information. If you're unsure about the process, review the walkthrough guide for more information.
Here's a summary of the information you'll need to report:
- Insurance provider
- Source of coverage
- Number of members in the firm
- Limit of liability per claim
- Policy number
- Expiry date
Failure to provide proof of coverage within five business days of expiry or yearly anniversary date will result in the suspension of the firm and its firm representative. The firm has 30 days to provide proof of insurance to reinstate the firm and Firm Representative, or it will be deregistered and the firm representative's membership will be revoked.
College Processes
We conduct regular reviews of registrants' insurance information, which occurs monthly and on April 1st annually when registrants submit their annual renewal.
Reminders are sent to registrants whose insurance information is due to expire, but it's ultimately the registrant's responsibility to ensure their Professional Liability Insurance (PLI) information on file with the College is accurate and up to date.
If we notice a registrant's insurance policy has expired or they don't carry the correct amount, we must immediately suspend them, as per Section 14 of the Registration Regulation.
Registrants should take proactive steps to ensure their insurance information is current to avoid any potential issues.
Recent Reviews
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Sources
- https://www.collegeofnaturopaths.on.ca/members/membership-registration/professional-liability-insurance/
- https://mitchinsurance.com/commercial-insurance/professional-liability/
- https://www.zensurance.com/professional-liability-insurance
- https://www.cpaontario.ca/members/regulations-guidance/accounting-firms/professional-liability-insurance
- https://sharpinsurance.ca/professional-liability-insurance/
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