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Professional liability · Texas statewide

What Errors and Omissions Insurance Costs — and What the Price Is Actually Buying

Filed
· 11 min read

Two E&O quotes can differ by half and describe the same business, because most of what you are paying for is the shape of the policy rather than the size of the firm. The retroactive date is the part that decides it, and it is the part nobody reads.

Two quotes. One is materially lower. Almost everybody reads that as a better price, and on professional liability it is more often a different policy — one that covers fewer years of the firm’s own past work.

This article publishes no premium figure. Every published average for errors and omissions insurance describes a population — some professions, some revenues, some limits, some retentions, in some states — and the whole difficulty with this cover is that those inputs are not decoration around the price. They are the price.

What follows is what the number is actually rated on, the three dates that decide whether two quotes are even comparable, and a way to put both documents on the same assumptions before deciding which one is cheaper.

What an E&O premium is rated on

Everything here is an input commonly considered. None of it is a rule about direction or amount: that requires a specific insurer’s filed plan, and no article has one.

The exposure base

Professional liability is usually rated against a measure of how much work the firm does rather than against the firm itself. The Texas Department of Insurance describes the same mechanism from the audit end: insurers use payroll, sales, billable hours, or number of clients to calculate an estimated premium, then audit the actual figures afterwards and adjust.

Two practical consequences follow, and the second one surprises people:

  • The estimate is the thing being priced, so an inaccurate one is not a saving. TDI’s own advice is to give accurate estimates to avoid paying more at the end of the period.
  • Growth is a mid-term event. A firm that doubles its revenue has doubled part of what the policy was rated on, and the audit is where that arrives.

What the firm actually does

Not the industry label — the services. Two consultancies with identical revenue can present completely different exposures depending on whether they advise, implement, design, certify, or hold client money. NAIC puts the general principle plainly: the risk assigned to a business is based on claim frequency in its industry, the probability of a claim for a similar company, its financial stability and longevity, applicable state law, its products and operations, and its own approach to preventing risk.

The single most useful thing you can do for a submission is describe the work in verbs. We specify materials. We do not install them. That sentence has changed more quotes than any question about revenue.

The limit, the retention, and who pays for defense

Three separate decisions, and each one moves the premium:

  • The limit, usually stated per claim and in the aggregate. Two policies at “$1 million” can mean one claim or a year of them.
  • The retention — the professional-liability equivalent of a deductible, and the number a firm most often finds it can move to change a premium.
  • Whether defense costs erode the limit. On many professional liability forms the cost of defending a claim comes out of the same limit that pays the claim. A cheaper policy with eroding defense is buying less than it looks like.

Claims history, and what counts as one

Prior claims and prior circumstances both matter, and a circumstance is not a claim: it is the complaint you know about and have not been sued over yet. Disclose them. A claim arising from a matter that was known and unreported at binding is the argument nobody wants to be having with their own insurer.

The years of past work the policy agrees to answer for

This is the input that most often explains a gap between two quotes, and it has its own section below, because it is not really a pricing factor. It is the product.

The three dates that decide whether two quotes are the same policy

Professional liability is almost always written claims-made. TDI states the distinction cleanly: an occurrence policy covers incidents that happen during the policy period whenever the claim is filed, while a claims-made policy covers incidents that happen during the policy period and are reported to the insurer during the policy period.

That form has three dates in it, and a quote that is silent on any of them is not a complete quote:

  1. The retroactive date. The date from which the insurer will answer for your work. A policy written with a retroactive date of the inception day covers nothing you did before it. Five years of prior acts is five more years of exposure being accepted — and priced.
  2. The policy period. Ordinary, and ordinary is the point: only claims reported inside it are in play.
  3. The reporting window afterwards. What happens to a claim that arrives after the policy ends, and what an extended reporting period would cost if the firm stops buying cover or changes insurer.

So the comparison that matters is not premium against premium. It is retroactive date against retroactive date. A firm that has carried E&O for six years and accepts a new quote with a current retroactive date has just uninsured six years of its own work in exchange for a lower renewal.

How the form works in full — the four shapes a professional liability allegation arrives in, and what continuity actually requires — is on the professional liability page. This article stays on what it costs and why.

What makes each profession’s E&O different

Not appetite — exposure. The same policy answers a different question depending on what the work produces, and knowing which question yours is helps a submission more than any adjective:

  • Design and engineering. The exposure is a specification that gets built. Claims arrive years after the drawing, which is why the retroactive date matters more in this group than in almost any other.
  • Technology and software. The failure is often a service that did not perform as contracted, and it sits next to a second exposure that is not E&O at all — data. That boundary, and why contracts frequently demand both, is on the technology insurance page and cyber liability.
  • Consultants and advisers. Advice with a financial outcome attached. Scope creep is the recurring problem: the engagement letter describes one job and the client believes they bought another.
  • Agents, brokers and intermediaries. The classic errors and omissions claim — a coverage that was not placed, a limit that was not recommended, a renewal that did not happen.
  • Firms handling client money or filings. The deadline is the exposure. A missed filing does not require anyone to have done the work badly.
  • Licensed and clinical professions. Frequently written on specialist forms with their own rules, and often required by a board or a facility rather than by a client contract.

The one thing that group has in common: general liability does not cover any of it. GL excludes professional services, which is the reason this policy exists rather than a technicality — the general liability page sets out what that form does cover.

Putting two quotes on the same assumptions

In this order, because any other order compares prices before it compares products:

1. Retroactive date. Same on both, and matching what the expiring policy actually says. If they differ, stop — the rest of the comparison is meaningless.

2. Limit and aggregate. Per claim and annual, stated the same way.

3. Retention, and whether it applies to defense as well as to damages.

4. Defense treatment. Inside the limit or outside it. This is frequently the whole difference.

5. The definition of professional services. The scope of the work the policy answers for is written into the form, and a narrow definition is a cheaper policy that may not describe your firm.

6. Exclusions worth reading by name. Prior knowledge, contractual liability, express warranties and guarantees, and anything carving out a service line you actually sell.

7. The insurer. Financial strength, and whether the market is likely to still be writing this class at your next renewal — continuity has a price of its own in a claims-made line.

8. Only now, the premium. If one to seven produced no differences, the cheaper quote is genuinely cheaper.

What to have ready

  • Revenue for the last complete year and the projection for the next.
  • A description of services in verbs, and any service line added in the last two years.
  • The number of employees or contractors doing the professional work.
  • Your standard engagement letter or contract, including any limitation of liability.
  • The expiring policy’s declarations page — the retroactive date above all.
  • Any claim or circumstance in the last five years, including the ones that went away.
  • The contract clause that asked for the policy, in full, if there is one.

The honest answer to the price question

What errors and omissions insurance costs is a question about a specific firm, a specific set of services and a specific number of years of past work being accepted. The averages published online are not that, and the quote that looks cheapest is frequently the one that agreed to cover the least.

The cover itself, and what a professional liability claim actually looks like when it arrives, is on the professional liability and errors and omissions page. If E&O is one line of a wider program, the same treatment applied to all of it is in what business insurance costs in Texas.

Common questions

How much does errors and omissions insurance cost?

It is priced on the firm rather than on the product, and the inputs are specific enough that a published average describes somebody else. What it is rated against is usually an exposure base — revenue, fees, billable hours or client count — adjusted for what the firm actually does, the limit and retention chosen, the claims history, and how many years of past work the policy agrees to answer for. That last one moves the number more than most buyers expect.

Why is one E&O quote so much cheaper than another?

Most often because it covers less time. A policy with a retroactive date of today answers only for work done from today onward; a policy carrying five years of prior acts answers for five years of past engagements, and it is priced accordingly. Same firm, same limit, two genuinely different products. Check that line before comparing the premiums.

What is a retroactive date and why does it affect the price?

It is the date from which the policy will answer for your work. Claims-made cover — the form professional liability is almost always written on — responds to claims reported during the policy period for work done on or after that date. Moving it back extends the years of past work the insurer is accepting, which is more exposure and therefore more premium.

Does E&O insurance cover a data breach?

Not usually, and this is the most common gap in a technology or professional services program. Errors and omissions answers for the financial consequences of the work; a breach of personal or client data is what cyber liability is written for. Some markets package them and many do not — which is a coverage question before it is a price question.

Do I need E&O if my contract does not require it?

Contracts are the most common reason people buy it and they are not the only reason it applies. The exposure is the work: a claim that advice, a design, a filing or a service caused somebody financial loss is not covered by a general liability policy, which excludes professional services. Whether the risk is worth insuring is a business decision; whether a general liability policy already handles it is not, and it does not.

Is professional liability the same as errors and omissions?

The same thing under two names, and different professions favor different words. Some markets reserve E&O for advisory, technology and financial services and professional liability for licensed professions, but the coverage question — financial loss caused by the work — is the same one.

Sources: TDI — Professional liability insurance FAQ; NAIC — Small Business Insurance; TDI — Insurance resources for businesses. Verified .

General information about Texas filing rules, not legal advice and not a quote. Requirements change; confirm your own through the Texas DPS License Eligibility system before acting. Published .

Next step

Send both quotes and the contract that asked for the policy. The useful review is not which number is lower — it is whether the two documents cover the same years of your work, which takes about ten minutes to establish and cannot be done from the premium line.

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Moon Insurance Managers, Inc. — 360 FM 1959, Houston, TX 77034 — (281) 484-8320