FAQ > Professional Liability Coverage
- Does having my own professional liability insurance make me a more likely target for a lawsuit?
- Why do I need a personal professional liability policy? Won't my employer's insurance protect me?
- Will my policy provide coverage if I'm assaulted on the job?
- What is the difference between occurrence coverage and claims made coverage?
- I am certified as a paramedic. Will my policy cover me while I am working as a volunteer fire fighter?
- Is the premium different for a Physical Therapist that is self-employed and leasing office space in a building?
- I'm currently an EMT -Basic with a volunteer rescue squad, but will be upgrading to EMT-Intermediate with the same volunteer agency. What would my premium rate be?
- I wish to upgrade my insurance coverage (limits of liability, hours I work per week). How do I make this change?
- I would like to decrease or reduce my insurance coverage (limits of liability, hours I work per week, etc.) How do I make this change?
- I would like to cancel my policy, what do I do?
1. Does having my own professional liability insurance make me a more likely target for a lawsuit?
No, having your own professional liability insurance coverage does not make you a more likely target for a lawsuit. The question you may want to ask yourself is "What if I don't have enough coverage and I'm sued?"
The reality is that when something happens and a patient is injured, a good attorney will name in the lawsuit everyone who was involved in the patients' care. That happens whether you have your own coverage or not. But if you do have your own coverage, and are named in a malpractice suit, your policy can protect you by preparing you for a deposition and paying for your defense and any settlement or judgment against you.
In addition, no one knows, not even the patient's lawyer, that you have your own professional liability insurance. We can't confirm your policy's existence to anyone other than you without your expressed written consent. So, you won't be named in a lawsuit just because you have coverage.
2. Why do I need a personal professional liability policy? Won't my employer's insurance protect me?
Professional liability insurance protects you against allegations of malpractice. Your employer may provide coverage for you, but it may not cover you in all cases. Read on, and find out why it is important to have your own professional liability coverage.
Our customers tell us the number one reason they carry their own policy, in addition to any coverage they may have at work, is that they like the peace of mind that having their own policy affords them. They like knowing that if something happens at work or even while off duty, they can rely on their own policy to protect them against allegations of professional malpractice.
Your employer's policy may cover you, but only up to a point. Your employer's policy is designed to fit their own needs and protect their interests first. If you have your own personal protection, if necessary, you will have the benefit of your own representation that is concerned specifically with your interests.
In Healthcare today, facilities are being bought while others are being closed. Many professionals are leaving their employers and beginning their own practices. What happens if you are named in a lawsuit for an incident that occurred two years ago and you no longer work at that facility, or, worse, it's now closed? Who would you turn to? This is when having your own policy truly provides peace of mind!
Your employer's policy probably only covers you while you are at work. It is unlikely that your employer's policy protects you if you give advice to a friend or neighbor after hours, perform volunteer work, or moonlight outside of your full time job. The professional liability policy offered through HPSO is individual coverage that will protect you for these activities as well as provide coverage over and above your employer's, even if you change jobs.
Should you buy your own policy? That is a personal decision that you need to make. But if you do buy your own policy, you have the comfort of knowing that you are protected against the allegations of professional malpractice, on or off the job, 24 hours a day. Our customers agree that the insurance premium is a small price to pay for a whole lot of peace of mind.
3. Will my policy provide coverage if I'm assaulted on the job?
Our policy provides protection for medical expenses or property damage if you are assaulted at work or during work related travel. This is excess coverage over any other available insurance covering such loss. (Assault coverage not available in Texas.)
Violence is on the rise in the workplace, so this coverage is more valuable than ever. And because our policy can define "workplace" as anywhere you are providing professional services, this coverage will travel with you into the field.
4. What is the difference between occurrence coverage and claims made coverage?
An occurrence policy provides coverage for a claim that occurs during the policy period, regardless of when the claim is reported.
For example, let's assume you carry a malpractice policy from December 1, 1999 to November 30, 2000 and it is an occurrence policy. You never renew the policy. On August 16, 2001 you receive notice that you have been named in a malpractice lawsuit for something that happened on February 4, 2000. Because the incident occurred during your coverage period, you would be covered for that claim, even though you received notice of the claim after your policy ended. A claims-made policy provides coverage for an incident that occurs during an active policy period only if the claim is also filed during an active policy period.
Suppose you have a claims made policy from December 1, 1999 to November 30, 2000 and do not renew that policy. On August 16, 2001 you receive notice that you have been named in a malpractice lawsuit for something that happened on February 4, 2000. You would not have coverage under your claims made policy because your coverage was not active when the claim was made.
If you own a claims-made policy, you may need to give some additional thought before you decide to cancel or non-renew your policy. If you decide to end a claims-made policy, you can purchase "tail" coverage. Tail coverage will extend the time that a claim can be reported, but the incident will still need to occur while the policy was active.
If you are not sure whether your coverage through HPSO is occurrence or claims-made coverage, you can e-mail us or call us and include your policy number, and we'll confirm your coverage for you.
5. I am certified as a paramedic. Will my policy cover me while I am working as a volunteer fire fighter?
This policy will protect you from allegations of malpractice made anytime you are working within the scope of this profession. It will not provide coverage for your work as a firefighter.
6. Is the premium different for a Physical Therapist that is self-employed and leasing office space in a building?
All self-employed physical therapists in your state will pay the same low rate, regardless of whether or not they lease office space.
If you are a self-employed Physical Therapist leasing space in an office building, you would benefit under our Individual Workplace Liability Extension coverage part. This coverage pays for amounts you are legally obligated to pay as a result of injury or damage caused by an occurrence at your workplace up to the limits indicated on your certificate of insurance.
The Individual Workplace Liability Extension can also provide $100,000 for your legal liability caused by fire or water damage. There is no additional charge of this coverage part.
7. I'm currently an EMT -Basic with a volunteer rescue squad, but will be upgrading to EMT-Intermediate with the same volunteer agency. What would my premium rate be?
Since you are continuing to provide voluntary services, you are still eligible for the volunteer rate of $75.00 provided you are not receiving remuneration for your services.
A volunteer is defined as an EMT - Basic / Intermediate working as a volunteer and receiving less than $600 annually as remuneration for those duties. If you receive a W-2 Form or a 1099 Form for your EMT duties, you can not apply as a volunteer.
Also, note that licensed Paramedics are not eligible for our volunteer rate. In this case, you would need to upgrade your coverage to reflect your Paramedic license. You can arrange for this upgrade by e-mailing us.
8. I wish to upgrade my insurance coverage (limits of liability, hours I work per week, etc.). How do I make this change?
We ask that any coverage change you would like to make to your policy be requested in writing.
If you would like to request a quote to change your coverage, you can e-mail us; be sure to indicate in your request your name, address, policy number, and requested change.
If you would like to know if there is a change in your annual premium based on your coverage change, you can call 1-800-982-9491 and we will help you to proceed.
Note that in any case we will not be able to change your coverage until we have received the appropriate additional premium.
9. I would like to decrease or reduce my insurance coverage (limits of liability, hours worked per week, etc.) How do I make this change?
You can e-mail your written request to reduce your coverage along with your name, address, and policy number. Any refund of premium, if one is due, will be sent to the address on the policy so be sure to include your current address in the request.
10. I would like to cancel my policy, what do I do?
Before you cancel your policy, please reconsider-- if you are doing it solely because you are temporarily leaving your position, we may be able to offer you a 50% discount on your premium and adjust your coverage. This allows you to have the peace of mind that you are still protected while maintaining an active license.
Also, if you are covered by an employer's plan, be sure that you understand your coverage through them before you end your personal coverage. Your employer's policy provisions may differ from this policy in ways that will leave you underprotected when you need protection the most. As a start, check to see if your employer will provide each of the benefits that our policy provides.
If, after consideration, you determine you would still like to cancel your policy, you can do so by submitting a written request to cancel by fax or mail (see below for contact information). Your policy will be canceled based on the date we receive your notification or your request. If you are eligible, you will receive a refund of any unused premium within two weeks of our processing your request.
