“Name Us on Your E&O.” What to Send Back

Short answer

A request for additional insured on professional liability is common, and many professional liability policies do not allow it. Most clients are really asking whether insurance will stand behind your design if a problem arises. You can answer that with additional insured status where it is available, proof of your limits and a commitment to maintain coverage. Your policy wording decides what is possible.

Why additional insured on professional liability is a hard request

The usual email reads: “Please add us as additional insured on all policies, including professional liability.” Clients often copy this from construction requirements.

Professional liability policies generally cover your firm’s own professional services. Many do not extend that coverage to the people you work for. Your agent can confirm what your specific policy allows.

What to offer instead of additional insured on professional liability

Clients often accept a few alternatives:

  1. Additional insured where it is available. This is usually general liability and auto, with endorsement pages. It shows you are not refusing everything.
  2. Proof of professional liability limits. A certificate shows your limits and policy period.
  3. A commitment to keep coverage in place. Many contracts ask for a set number of years after the project ends. Ask your agent what is realistic before you agree to a number.
  4. A project-specific policy on larger projects. It is dedicated to one project, so the limit is not shared with your other work. It usually costs more, and the owner sometimes pays.

Published standard forms point the same way. The AIA’s owner-architect agreements, covered in the AIA B503 guide, place additional insured status on general liability and auto. The NJEDA architect insurance exhibit shows a public owner example.

A reply you can adapt

This sample covers insurance only. Edit it to fit your policies and confirm the details with your agent first.

“Thanks for sending this over. We can add you as additional insured on our general liability and auto policies and will send the endorsements with our certificate. Professional liability policies generally do not extend additional insured status, because they cover our professional services. We can provide our professional liability certificate showing our limits, and we are happy to discuss how long we keep that coverage in place after the project. Let us know if that works.”

Example: the request on a new contract

A four-person engineering firm receives a contract that asks for additional insured status on every policy. The principal sends the reply above and attaches the general liability endorsements with the certificate.

The client’s risk team reviews the response and asks about the length of the coverage period. The principal confirms a realistic number with the firm’s agent and replies. This example is hypothetical. Client responses vary, and coverage depends on the policy terms and underwriting.

When to bring in your attorney

If the client wants contract wording changed, that is a legal question. Your agent can tell you what the policy allows. Your attorney handles the contract language.

What to check

  • Does the contract require additional insured status on professional liability specifically?
  • Which policies can carry additional insured status, and by which endorsement?
  • How long does the contract ask you to maintain professional liability coverage?
  • Does the project size justify asking about a project-specific policy?
  • Has your attorney reviewed any proposed contract changes?

Is the client being unreasonable?

Usually not. Clients often reuse construction requirements without checking whether they fit a design firm. A clear, friendly answer often settles it.

Will the client accept a certificate instead?

Some do, and some ask for more. Clients vary, so ask what they need to see.

What does a project-specific policy do?

It is written for one project, so its limit is not shared with your other work. Pricing and availability depend on the project and the insurer.

This article is general information, not insurance or legal advice. Coverage depends on the terms, conditions and exclusions of your policy as issued.