Errors and omissions insurance—also known as E&O insurance, indemnity insurance, or professional liability insurance—is a form of professional liability insurance designed to protect employers and employees against customers’ or clients’ claims of negligence or inadequate work. It protects your business if you are sued for negligently performing your services—even if you didn’t make a mistake or do anything wrong.

A customer could sue you because you did something you shouldn’t have, or you didn’t do something you should have, in the course of providing professional services.

For example, a freelance writer or consultant who creates marketing and information content for websites might be sued by a client who is sued for copyright infringement or forced to remove the content from their website because it infringes another person’s copyright. An E&O policy might protect the freelance writer or consultant from the claim they were negligent in creating the content that infringes another person’s copyright—paying the cost of defending the case and any settlement or court judgment in the matter, subject to policy limits.

Industries with service providers who often purchase E&O insurance include:

• Architecture and engineering

• Construction

• IT/technology

• Real estate (agents, inspectors, surveyors, appraisers)

• Consulting

• Marketing (graphic designers, web designers, photographers, event planners, promoters)

• Health and beauty

• Fitness (instructors, teachers, trainers)

• Retail

• Therapy

In Massachusetts, Errors and Omissions (E&O) insurance is a type of professional liability insurance that safeguards businesses and individuals who provide professional services against claims of negligence or substandard work. This insurance is crucial for professionals who could face legal action for mistakes or omissions made in the course of their work, even if no actual error occurred. E&O insurance covers legal defense costs and any settlements or judgments, up to the policy limits. Professionals in fields such as architecture, engineering, construction, IT, real estate, consulting, marketing, health and beauty, fitness, retail, and therapy often secure E&O insurance to mitigate the financial risks associated with claims of professional negligence or failure to perform their duties. While not mandated by Massachusetts state law, E&O insurance is highly recommended for professionals in these industries to protect against potential lawsuits that could arise from their professional activities.