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Part of Getting professional liability right the first time

How to compare professional liability insurers

Professional liability insurers are a relationship rather than a purchase: why continuity beats a small saving, and three questions about claims.

What to take away

  • The title invites a comparison of insurers. This page names examples and compares the criteria that decide which offer is better for you.
  • Continuity decides more than price. A gap in cover can move the reach-back point forward and leave old work uninsured.
  • Ask who holds the paper, since the underwriter behind a familiar brand can change at renewal.
  • Test each offer on three claims questionsfirst call, choice of lawyer, control of settlement.

Criteria and named carriers

These carriers are named as examples, not ranked. Nothing on this site is paid placement.

Examples of carriers active in the U.S. professional liability market include Chubb, The Hartford, Travelers, Liberty Mutual, Hiscox, CNA, AIG, Zurich North America, Nationwide, Philadelphia Insurance Companies, Markel, Beazley, and Berkshire Hathaway Specialty Insurance. Availability varies by profession, state, revenue, and claims history. A broker can show which of these markets will quote your class.

A bare list would mislead you anyway. Two brokers can quote the same carrier and produce different outcomes for the same firm.

What decides your result is narrower than a ranking: the reach-back point, the definition of professional services, the exclusions, the claims handling, and the market's appetite for your class this year.

Compare offers on those five points, then compare carriers on whether they will still write your class. The professional liability comparison notes set out those criteria, and are worth reading before you request quotes through more than one route.

The routes a policy reaches you by

Buying direct from a carrier's own underwriters is the simplest route. The company on the certificate carries the risk.

The other routes work differently.

Who carries the risk

MGA or delegated authority
An intermediary issues on a carrier's behalf
Program or association scheme
One carrier writing a defined class
Surplus lines
A non-admitted carrier; state rules differ
Risk retention group
A member-owned insurer chartered in one state

What to check at renewal

MGA or delegated authority
Whose paper stands behind the policy this year
Program or association scheme
What happens if you leave the group
Surplus lines
Whether guaranty fund protection applies to you
Risk retention group
What the group's own capital can absorb

Ask which route you are being offered, and whose paper holds the risk this year. Ask again next year whether the answer changed.

Four routes to cover

Direct

Who underwrites
Carrier
Paper can change
No
Wordings
Standard
Ask this
Whose name

Delegated authority

Who underwrites
Intermediary
Paper can change
At renewal
Wordings
Familiar
Ask this
Whose paper

Trade scheme

Who underwrites
Association
Paper can change
If you leave
Wordings
Negotiated
Ask this
If you leave

Surplus lines

Who underwrites
Non-admitted
Paper can change
Varies
Wordings
Not standardized
Ask this
Protections differ

Continuity and the reach-back point

Most professional liability policies are written on a claims-made basis. You buy a year of protection, but the policy also reaches back to a date printed in the declarations.

That date is the reach-back point, sometimes called the retroactive date. Work you completed before it sits outside cover, however long you have been insured.

Keep cover unbroken and the point stays where it is. Let it lapse, or move to a carrier unwilling to match it, and the point can jump forward. Everything you did earlier is then exposed.

Durability is therefore the first test of a market. How long has it written your profession, and is its appetite growing or being pulled back?

Your broker sees which markets come and go, and that history matters more than a small premium difference. The cost consequences of a move, including what it takes to keep past work reachable, are in the cost guide for this line.

Example: how a reach-back point moves

This is a worked illustration, not a real firm. A design practice insured from 2018, with a retroactive date of 1 January 2018, renewed yearly with one carrier.

In 2024 it moved to a cheaper offer carrying a retroactive date of 1 July 2024. Work delivered between January 2018 and July 2024 sat outside the new policy, and the old one had ended.

Only an extended reporting period from the previous insurer could cover that gap. Typical quotes run from roughly 100% to 250% of the expiring annual premium for a one to three year term.

A premium saving in the new policy rarely covers that.

Three claims questions to ask every market

The claims process decides whether this cover works, and brochures almost never describe it. Put the same three questions to each market.

  • Who takes the first call?Notification often arrives when you become aware of a circumstance, before any claim exists. A team that handles your profession recognises it faster.
  • Who chooses the lawyer?Some insurers appoint from a panel; some let you propose a firm you already use. That shapes your defence and your control of it.
  • Who decides whether to settle?Read the consent to settle clause, not a summary. What happens when you disagree with the insurer is a real difference between offers.

An insurer handling a claim is generally expected to act in good faith. That is a floor, not a substitute for reading what you signed. Write the answers down, since they belong in the record the renewal reading guide shows how to keep.

Claims questions to ask

  • Who takes the first call?
  • Who chooses the lawyer?
  • Panel, your own firm, or either?
  • Who decides whether to settle?
  • What happens when you disagree?
  • Read the consent to settle clause

Specialization in your profession beats size

An insurer that writes a lot of your profession has seen the disputes your work generates. That shows in the definition of professional services, the exclusions it insists on, and the questions underwriters ask.

Most of those disputes turn on one idea, the standard of care a professional owes a client. A market that knows your work knows what that standard looks like inside it.

A generalist may price you well and describe your work in terms borrowed from another industry. Wording is where the money sits.

Common questions

Should I stay with an insurer that has raised its price?

Weigh the increase against what a move does to your reach-back point and your wording. Moving is sometimes right, but it should follow the full picture.

How do I check an insurer's licensing and financial strength?

AM Best, S&P Global and Moody's publish assessments, and your broker can show you the current one. AM Best's Financial Strength Ratings run from A++ (Superior) to D (Poor); S&P uses AAA to D; Moody's uses Aaa to C.

Use your state insurance department or the NAIC's Consumer Insurance Search to confirm licensing where you operate. Federal insurers in Canada are supervised by OSFI.

Is a scheme through my professional association a good idea?

Often yes, because the wording is usually built for the profession. Ask what happens if your membership lapses, whether you can be excluded individually, and how the scheme treats a member whose circumstances have changed. The main guide to this cover explains why continuity decides that question.

The broker recommends one market strongly. Should I be concerned?

Not automatically. Ask which markets were approached, which declined and why, and what the broker's relationship is with the recommended carrier. A straight answer is a good sign in itself.

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