Accountants Professional
Liability
An accountant or accounting
firm performs services that are based upon a high level of expertise. Their
clients, typically, are very dependent upon the advice they receive. Therefore,
when something goes wrong and a client believes it is due to bad advice,
chances are high that they may sue, claiming harm from an accounting-related
act.
Since a standard, general
liability policy excludes any loss involving professional services, accounting
professionals need to seek protection from a type of errors and omissions
coverage called Accountants Professional Liability Insurance. Accountants
Professional Liability forms usually respond to losses involving alleged
negligence in auditing and preparing financial statements, providing faulty tax
advice or providing poor financial reporting and/or record-handling advice.
Accountants Professional
Liability Policies are not standardized, so it is critical to review the
coverage in any given insurer’s form when handling such coverage for a client.
Generally, such policies have the following in common:
·
coverage
is on a claims-made basis – meaning that coverage depends upon when a possible
loss is recognized and reported rather than when it actually occurred;
·
it is
subject to a specific deductible – though some policies may have separate
coverages with separate, applicable deductibles
·
coverage
is available for prior acts and predecessor firms – this coverage may be
critical for professionals who have left firms that are no longer in operation
(due to mergers/buyouts, etc).
Coverage applies to the
accountant or firm named in the policy as well as others who met a policy’s
"insured” definition such as partners, directors, officers, employees,
stockholders and heirs. Coverage applies worldwide, provided that a claim is
made (or first made) in the United States, its territories or possessions, or
Canada.
The programs offered by
various insurers are generally not available to firms engaged in S.E.C.
(Securities Exchange Commission) activities, in real estate or other investment
activities (including providing services to investment bankers). Neither is
such coverage available for individuals or firms that do a substantial amount
of work for financial institutions. Chances for coverage are also very low for
an individual or firm that has a record of having been subject to disciplinary
action or reprimand.
Of course, to acquire
proper coverage, an astute accounting professional should be certain to get
help from an insurance professional.
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