Who is covered under a professional liability policy for architects/engineers?
This will vary with each insurance company, here are a few definitions to determine who is covered.
Example one:
(1) any person who was, is now, or hereafter becomes principal, partner, officer, director, employee, or principal shareholder of an Insured Entity, but only if such person was performing Professional Services on behalf of an Insured Entity at the time of the alleged Wrongful Act;
(2) any retired partner, principal, officer, director, shareholder, employee, or member of an Insured Entity while acting within the scope of their duties as a consultant for the Insured Entity or any Predecessor Firm; or
(3) any past or present independent contractor or leased employee of an Insured Entity but only while acting within the scope of their duties for the Insured Entity.
Example two:
(1) the Named Insured;
(2) any Predecessor Firm;
(3) any past, present or future partner, incorporated partner, officer, director, stockholder, member, manager, associate, project manager, risk manager, in-house general counsel, professional corporation or employee of the Named Insured, by reason of a Wrongful Act, Pollution Incident or Network and Information Security Breach performed on behalf of the Named Insured or any Predecessor Firm;
(4) the lawful spouse or qualifying domestic partner of any person identified in (1) or (3) above solely by reason of such spousal status or domestic partner status or such spouse’s or domestic partner’s ownership interest in property or assets that are sought as recovery for a Claim;
(5) the estate, heirs, spouse, executors, administrators and legal representatives of any person identified in (1) or above in the event of such Insured’s death, incapacity or bankruptcy, by reason of a Wrongful Act,
Pollution Incident or Network and Information Security Breach performed by the Named Insured or any Predecessor Firm prior to such Insured’s death, incapacity or bankruptcy; or
(6) any present or former temporary or leased personnel engaged by the Insured, but only while acting on the Insured’s behalf in the performance of Professional Services.
Always review your firm’s policy to determine who is covered under the professional liability policy. Please note this does not include an additional insured endorsement, the additional insured cannot be on the professional liability policy, but your firm should be able to get additional insured on general liability.
If your firm has questions about who is covered under the professional liability policy please call, or email, your Professional Underwriter agent for assistance.