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A Morrow guide

$2M Professional Liability (E&O) Insurance for Association Management Companies

In this guide

A $2M requirement means your policy must pay up to $2M on any one claim. This guide is for association management companies whose client agreement or RFP asks for it.

The short answer

  • Yes, if your management agreement says $2M, you usually need a Professional Liability (E&O) policy that pays up to $2M on any one claim, typically written as $2M per claim / $2M aggregate.
  • Per claim is the most paid for one claim. Aggregate is the most paid for all claims in a policy year. A $1M/$2M policy pays only $1M on any one claim, so it may not meet the clause.
  • If you carry $1M today, request new quotes for a $2M policy through Morrow, keeping your retroactive date (the earliest work date covered) and prior acts coverage (cover for work done before the new policy starts) where the market allows.

What does a $2M requirement mean for association management companies?

Professional Liability (E&O, short for Errors and Omissions) can help when a client says your services cost them money. A $2M clause might read like this:

Illustrative contract wording

Management Company shall maintain Professional Liability (Errors and Omissions) insurance covering the management services under this Agreement, with limits of not less than $2,000,000 per claim and $2,000,000 annual aggregate. If written on a claims-made basis, coverage shall be maintained for at least three (3) years after this Agreement ends.

Illustrative example only. Your agreement's wording controls.

  • Covered services. The clause names the management services. Check that your meeting, accounting and advocacy work fit the policy's description of your services.
  • Claims-made. Professional Liability almost always covers claims made and reported while the policy is active, for work done on or after the retroactive date. See how the retroactive date works.
  • After the agreement ends. Your agreement sets the period. Some ask for coverage to continue for a few years. Renew with the same retroactive date or, if you close, buy a tail (an extended reporting period for claims about past work).

Who asks association management companies for $2M?

Smaller associations may ask for $1M (see $1M for association management companies). $2M tends to show up when the client is larger or you run more of its operations:

  • National trade and professional associations that pick a management firm through a formal RFP.
  • Medical and scientific societies, where legal staff may set vendor limits.
  • Associations with large annual meetings, where you negotiate hotel contracts for them.
  • Credentialing and certification bodies that hire you to run exams or records.

If a client asks for more than $2M, see $3M for association management companies. $3M and above is rarely found online and usually needs a broker. Morrow can help you find it.

How is $2M built?

At $2M, most firms buy one primary policy (the policy that pays first) written at $2M per claim and $2M total. Association management companies usually buy Miscellaneous Professional Liability, a form made for advice-based service firms. Firms that manage condo or homeowners associations usually buy a property manager form instead.

Some firms reach $2M with a $1M primary plus a $1M excess layer (extra limit on top). The excess should follow form, meaning it uses the same terms as the primary. Confirm with the client that primary plus follow-form excess meets the clause. A commercial umbrella almost never covers Professional Liability (see Does an umbrella cover Professional Liability?). Clients usually cannot be added as an additional insured (a named extra party on your policy) on Professional Liability. Some policies allow it in limited cases, often only for the client's liability from your services.

Good to know

What a claim might look like (hypothetical). You sign a hotel contract for a client's annual meeting. Fewer guests book rooms than the contract promised, so the hotel charges the association a shortfall fee. The association blames the terms you agreed to. Many policies pay defense costs inside the limit, so legal bills can use up the $2M.

What will underwriters ask for?

An underwriter decides whether to offer coverage. Expect questions about:

  • Your services and revenue from each: executive director, accounting, meetings, membership, certification or advocacy.
  • How many associations you manage, and the largest budgets.
  • Whether you sign hotel, venue or vendor contracts in the client's name, and who approves them.
  • Whether you handle client funds, and whether you carry crime coverage (insurance for stolen money), which Professional Liability is not built to replace.
  • Whether your staff serve as officers of client associations, and whether each client's Directors and Officers (D&O) policy names them.
  • Your standard agreement, member data handling, prior claims, and your current policy with its retroactive date.

What affects the cost?

  • Mix of services. Accounting and contract signing usually carry more risk than newsletter or website work.
  • Revenue and client size. Bigger association budgets mean bigger possible losses.
  • Control of client money. Signing authority and handling dues or reserves may raise the price.
  • Claims history and contracts. Clean history and clear scopes help.
  • Limit, retention and defense terms. A higher limit usually costs more. A higher retention (the amount you pay per claim, like a deductible) usually lowers the price. Defense costs outside the limit usually add cost.

Frequently asked questions

Do I need $2M Professional Liability as an association management company?

Yes, if your management agreement or RFP says so. Many clients ask for proof, such as a certificate of insurance, before you sign. If you carry less today, request new quotes for a $2M policy through Morrow.

Is $1M/$2M enough if my management agreement says $2M?

Usually not. A $1M/$2M policy pays only $1M on any one claim, so it may fall short of a $2M per claim clause. Keep your current policy until the new one starts, and report any known incident to your carrier first.

Does the association's D&O policy cover my firm?

Not usually. D&O covers the association and its board. It may cover your staff when they act as officers, but it is generally not meant for your firm's own services.

Will my policy cover a hotel shortfall fee?

It depends. If the client says your negligence caused the loss, the policy may respond. Many policies exclude liability you take on only by contract (a contractual liability exclusion).

Looking for $2M in Professional Liability? Morrow can help.

Send us the insurance section of your management agreement and your current policy, if you have one. Morrow can review both and request quotes for a $2M policy.

Morrow · 25 New Chardon Street, 4th Floor, Boston, MA 02114

This article is general information, not legal advice or a coverage determination. Coverage depends on the actual policy wording, carrier underwriting and your contract terms.