Professional liability

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A separate category of insurance products is civil liability policies for damage to property, health and life of third parties.

Mandatory professional liability insurance

According to the current legislation, the list of types of activities in respect of which insurance contracts for civil (professional) liability of employees for causing harm to third parties are concluded is not limited. The law determines the list of professions for which such insurance is mandatory.

NOTARIES

According to Art. 18 Fundamentals of the legislation of the Russian Federation “On notaries” No. 4462-1 of February 11, 1993, notaries cannot refuse civil liability insurance. To do this, they use the services of insurers accredited by the Federal Notary Chamber.

If a notary commits a professional act that is contrary to legislative norms and results in property damage to the client, or disclosure of confidential information, then this event is recognized as an insured event.

When determining tariffs, it is important for the insurer to establish all circumstances that could increase or decrease the risk of an insured event. These are recognized as: the experience of a notary, previous insurance history. The law approves the initial amounts of civil liability of a notary :

  1. From 2 million rubles. – in an urban settlement (Federal Law No. 405 of December 6, 2011);
  2. From 1.5 million rubles. – in a rural settlement.

The notary chamber, where the notary is a member, enters into its own insurance contract, in which the smallest insurance coverage is 0.5 million rubles.

APPRAISERS

Professional liability of appraisers is subject to compulsory insurance, in accordance with Art. 24.7 Federal Law No. 135 of July 29, 1998. Protection guarantees compensation for damage to third parties, as well as to customers who signed an agreement to perform the assessment.

An insured event is recognized as having occurred by decision of the insurer’s management, or upon the entry into force of a decision adopted by the arbitration court. Damage may be caused by the actions/inaction of an appraiser who violated industry standards or instructions approved by the appraiser’s self-regulatory organization. Compensation is paid in the amount in which it was appointed by the court, within the amount limited by the appraiser’s civil liability insurance contract. The minimum insurance period is 1 year. The tariff is determined depending on: the experience of the appraiser, the break-even period, the duration of cooperation with this insurer.

CUSTOMS BROKERS

In accordance with Art. 140 of the Customs Code of the Russian Federation, Art. 13 of the Code of the Customs Union and Part II of Order of the Federal Customs Service of the Russian Federation No. 1257 of October 10, 2007, a legal entity has the right to be included in the Register of Customs Brokers only if it has a civil liability policy. Minimum insurance coverage – 20 million rubles.

When included in the Register, the broker provides information as part of the application:

  1. Amount insured.
  2. Policy details.
  3. The name of the insurer, indicating its license number.

The name of the insurer, indicating its license number.

  • property damage caused by the broker to the persons he represents;
  • breach of contract with clients.

The need for brokers’ liability insurance is caused by the specifics of their work. The absence of a policy, or the insurer’s failure to comply with the requirements of the Federal Customs Service (FCS), entails the possibility of the broker being excluded from the Register. Concluding a new insurance contract and approving it with the Federal Customs Service takes time, which is why it is so important to use the services of only licensed and reliable insurers.

BUILDERS AND DESIGNERS

According to Federal Law No. 214 of December 30, 2004, developers constructing residential buildings under equity participation agreements in construction (DDU) are required to insure their civil liability to shareholders in one of the following ways:

  1. Participation in a mutual insurance company specially created for this purpose.
  2. Concluding an agreement with an insurer accredited by the Central Bank of the Russian Federation.

The Central Bank of the Russian Federation issues accreditation of this type only to insurers that can confirm:

  1. Duration of work – more than 5 years.
  2. Own funds in the amount of more than 1 billion rubles, and authorized capital – more than 120 million rubles.
  3. Lack of instructions from the Central Bank of the Russian Federation on non-compliance with solvency and financial stability.
  4. There is no reason to assume bankruptcy (in accordance with Federal Law No. 127 of October 26, 2002).

Developers take out a policy before the conclusion of the first DDU. The beneficiaries of the insurance are the shareholders. Confirmation of an insured event is a decision of a civil or arbitration court.

Policies of this type cannot include a deductible. The minimum amount of the insured amount is determined based on the prices of apartments indicated in the DDU, or the area of ​​the residential complex and the average market price of 1 m2 in a given subject of the Russian Federation.

Builders and designers , SRO participants specializing in the construction of all other objects, separately insure civil liability . The policy covers the risks of designers, surveyors, builders:

  1. Liability for property damage, damage to the life and health of third parties caused by the construction activities of the insured on a building (other facility) that has already been put into operation.
  2. Damage to life, health, property caused to third parties as a result of the actions or inaction of the insured, negligence, or an unintentional error.

Insurance does not cover:

  • fines and penalties, penalties, lost profits, indirect losses caused by failure to fulfill the contract with the customer;
  • claims caused by defects or shortcomings in the performance of work under the contract, which the policyholder should have foreseen or knew about, but did not eliminate in time.

Parties to the insurance contract may be individual entrepreneurs who have been performing construction and design work for at least 3 years, as well as:

  • technical customers;
  • developers;
  • general contractors and subcontractors;
  • persons performing architectural and construction design, engineering surveys, consulting, expert, supervisory functions;
  • successors of the insured.

The policy can be issued with reference to a specific contract, or for a specific period without such reference, covering all risks of civil liability of the contractor.

ARBITRATION MANAGERS

According to Art. 24.1 Federal Law No. 127 of October 26, 2002, arbitration managers enter into insurance contracts for liability for causing harm to participants in a bankruptcy case and third parties through their professional activities. The choice of insurer must be approved by the SRO of the insolvency practitioners. The duration of the policy is from 1 year. Sum insured – from 10 million rubles/year (Federal Law No. 360 of 07/03/2016).

Within 10 days after the arbitration decision is made, an insurance contract is concluded in which the insured amount is proportional to the book value of the debtor’s assets (clause 2 of Federal Law No. 195 of July 19, 2009), but not less than:

  1. 3% of the amount exceeding the book value of the bankrupt’s assets over 100 million rubles, unless they are valued at more than 300 million rubles.
  2. 6 million rub. + 2% of the amount exceeding the book value of the bankrupt’s assets over 300 million rubles, if they are not valued at more than 1 billion rubles.
  3. 20 million rubles. + 1% of the amount exceeding the book value of the bankrupt’s assets over 1 billion rubles, if they are valued at more than 1 billion rubles.

The collegial management has the right to oblige the arbitration manager to take out additional professional liability insurance , the insurance amount of which is also determined by the collegium.

The policy does not cover the following risks:

  1. The policy does not cover the following risks:
  2. Moral damage.
  3. Illegal actions/inaction of a 3rd party.
  4. Actions/inactions outside the bankruptcy case.

These types of damage are compensated based on the Civil Code and the Arbitration Procedure Code of the Russian Federation.

LAWYERS

According to Art. 19 Federal Law No. 63 of May 31, 2002, lawyers are required to insure the risk of professional property liability for violation of an agreement to provide legal assistance.

The following are recognized as insured events:

  1. Unreasonable application of the rule of law (registration of a transaction, consultation, representation of interests, etc.) in relation to the client.
  2. Failure to comply with the legal deadline for carrying out a specific action.
  3. Errors in documentation.
  4. Concealing from third parties the consequences of legal actions taken, resulting in harm to them.
  5. Damage or loss of documentation received from the client for the performance of the contractual service. The risk does not include damage or loss of data transmitted on electronic media.
  6. Disclosure of confidential information.
  7. Other errors.

Exceptions that do not have insurance coverage:

  1. Intentional infliction of damage to third parties.
  2. Bankruptcy or insolvency of a lawyer.
  3. Unjust enrichment of a lawyer.
  4. Failure to fulfill contractual obligations.
  5. Causing harm to property, life and health of third parties, if this occurred while under the control or in the custody of a lawyer.
  6. Copyright infringement.
  7. Damage to business reputation.

The insured amount is established by agreement of the parties, and the policy may provide for a deductible. The minimum period of professional liability insurance for lawyers is 1 year.

Voluntary professional liability insurance

The list of professions in respect of which legal entities enter into civil (professional) liability insurance contracts for employees is not limited. Insurers offer a wide selection of ready-made products aimed at covering various professional risks.

AUDITORS

When starting work as an auditor, a specialist has the right to protect his financial interests with an appropriate policy regarding the following risks:

  • liability for property damage caused to the client by violation of the contract for the provision of services or its implementation;
  • unforeseen legal and other expenses for participation in litigation in connection with a claim for damages.

In each case, the policy accurately indicates the list of insurance objects. At the same time, the contract can cover only one of the following risks:

  1. The liability of the auditor by decision of the insurer or the court for damage to third parties caused by an unintentional professional error, if:
    • the error occurred during the insurance period or retroactively;
    • it has been proven that this error caused harm to the client;
    • a claim for compensation for damage is filed by the victim no later than 3 years after the expiration of the policy.
  2. A claim for compensation for damage to third parties due to a professional error by an auditor was filed under the following conditions:
    • with the consent of the insurer and the policyholder, or by court decision;
    • the auditor’s error was made during the insurance or retroactive period;
    • the connection between the harm caused and the error that caused it has been proven;
    • the claim is filed before the expiration of the insurance period.
  3. An unintentional error was made by the auditor and/or his employees during the execution of the service agreement and resulted in its violation. Wherein:
    • the error was made before the expiration of the policy;
    • the connection between the harm caused and the error that caused it has been proven;
    • the claim is filed by the victim no later than 3 years after the expiration of the policy.

The amount of insurance coverage is determined individually in accordance with the documents submitted by the auditor to the insurer to assess the likelihood of insured events occurring. Insurance rates are also determined individually. Thus, the Alfastrakhovanie company offers 0.1-0.2%.

REALTORS

A bill regarding real estate activities is being considered by the State Duma of the Russian Federation. With its adoption, all realtors who are members of the SRO will be required to insure professional liability. Currently, professional liability insurance for realtors remains voluntary.

According to the Civil Code of the Russian Federation, a realtor is obliged to compensate clients for losses that they caused in the process of fulfilling a contract for the provision of services. A policy that lists professional errors that caused damage to the client will allow you to protect your financial interests. For example:

  • incorrect execution of transaction documents;
  • distortion of data characterizing the property;
  • loss of title due to improper handling of the transaction;
  • sale of the property despite the disagreement of the owner;
  • the court declaring the transaction invalid due to the participation in it of a partially or completely incapacitated person or illegal actions of interested parties;
  • unintentional damage or loss of client documentation;
  • theft of information by attackers about the financial status of third parties.

Only an agreement between the insurer and the realtor determines the size of the liability limit. The contract may establish coverage limits for one individual victim or each insured event. The parties may include a deductible in the policy. According to the current requirements of the Russian Guild of Realtors, the minimum insurance amount is equal to the price of a 1-room apartment in a given constituent entity of the Russian Federation on the date of purchase of the policy.

HEALTH WORKERS AND PHARMACISTS

Individual entrepreneurs or legal entities specializing in the provision of medical or pharmaceutical services can protect their professional liability with a policy of this type. The objects of professional liability insurance for doctors are:

  1. Liability for harm to the life and health of patients due to an unintentional professional error;
  2. Unforeseen legal and other expenses caused by a claim for compensation for harm to health and life. We are talking about costs for:
    • defense in court, arbitration, including expert and legal services;
    • clarification of the circumstances that led to the filing of the claim;
    • out-of-court legal support in connection with the claim.

A healthcare worker or pharmacist is interested in protecting his financial interests in the event of damage to a patient:

  • misdiagnosis;
  • incorrect treatment recommendations;
  • poor quality treatment;
  • wrong recipe;
  • premature discharge from hospital;
  • incorrect data from instrumental studies;
  • errors during surgical interventions, etc.

The policy does not cover the occurrence of an insured event as a result of the actions of a healthcare worker:

  • in a state of alcohol or other intoxication;
  • contrary to the rules for storing and using medicinal, potent or narcotic drugs;
  • in case of non-compliance with anti-epidemic, sanitary and hygienic standards;
  • resulting in blood poisoning due to an unverified certificate;
  • caused by the patient’s refusal of treatment in writing;
  • not at the place of work;
  • failure to comply with job responsibilities or qualifications;
  • in extreme conditions due to military operations, nuclear explosions and other emergency circumstances;
  • caused by the requirement of the competent authorities.

The policy validity period is from 1 year. The amount of insurance coverage is determined by an agreement between the insurer and the client. At the same time, decreasing and increasing coefficients can be applied to insurance, taking into account the profile of the medical institution, length of service, business reputation, and the likelihood of insured events occurring.

ARCHITECTS AND DESIGNERS

Legal entities and individual entrepreneurs specializing in the provision of architectural services perform the following categories of work:

  • design of construction projects;
  • development of urban planning plans and related documents;
  • consulting and expert services;
  • coordinating the interaction of contractors, designers and the customer;
  • architectural support of construction.

Financial responsibility for the results of the designers’ work is enshrined in Art. 761 Civil Code of the Russian Federation. Architects are interested in insurance protection for the following risks:

  • miscalculations in the implementation of projects that are of a mathematical nature.
  • design supervision errors.
  • violation of design standards.
  • deviation of design standards from current industry standards.

The validity period of the policy may be the duration of the contract concluded with a specific customer, or another period. The objects of insurance are damage to the health or life of the customer or third parties, or their property.

As a general rule, insurance does not cover the following risks, although by agreement of the parties any of them may be included in the list of insured events:

  • exceeding the deadlines for completing work and estimated costs.
  • loss caused by fulfillment of warranty obligations, refund of money for work performed, redesign or correction of errors.
  • damage due to a professional error that could not be detected in time for technical reasons.
  • payments under a guarantee or surety.
  • damage caused by asbestos, dioxin, urea formaldehyde, diethyl styrene.
  • copyright or patent violation, unfair competition.
  • administrative responsibility.
  • other.

Tariffs and the amount of insurance coverage are determined taking into account the list of risks, exceptions, the experience of the architect or designer, the amount of revenue of the architectural bureau and other circumstances that allow the application of increasing and decreasing coefficients.

How to apply for a policy?

“PROGRESS Insurance” is your reliable guide in the field of professional liability insurance for workers. Our business partners are the leaders of the Russian insurance market: Alfastrakhovanie, Ingosstrakh, Rosgosstrakh, VSK, Tinkoff, Reso-Garantiya and others. We will provide up-to-date information on insurance rules for each category of professional risks and help you choose a profitable corporate product, taking into account the specifics of your company.

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