What E&O actually covers
Negligent acts, errors, or omissions in professional services. It does not cover bodily injury or property damage — that's GL.
- Claims-made: the claim must be reported in the policy period
- Retro date protects prior work
- Defense costs usually erode limits — buy enough
Contract language that creates uninsured exposure
Client MSAs often require guarantees, indemnities, and liquidated damages that no E&O policy covers.
- Negotiate a cap on liability equal to fees or the E&O limit
- Strike 'guarantees of results'
- Mutual indemnity only for negligence
- Insurance requirements should match what's actually purchasable
Hammer clauses and consent
If you refuse a settlement the carrier recommends, a hard hammer clause makes you pay everything above it.
- Ask for a 50/50 or 70/30 soft hammer
- Consent-to-settle is standard in good forms