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A Morrow guide

$1M Professional Liability (E&O) Insurance for Executive Search Firms

In this guide

Executive search firms often need $1M in Professional Liability (E&O) when a client signs a search agreement. This guide shows what the clause means and what to check before you buy.

The short answer

  • A $1M requirement means your Professional Liability (E&O) policy should pay up to $1M for a covered claim that your search work caused a client a financial loss.
  • Check whether the agreement asks for $1M/$1M or $1M/$2M. The second number is the aggregate (the yearly total).
  • Also check how long the policy must stay in place after the last placement, and whether the agreement asks for extras the policy may not offer, such as additional insured status.

What does a $1M requirement mean for executive search firms?

Professional Liability (E&O, short for Errors and Omissions) covers claims that a mistake in your professional services caused someone a financial loss. For a search firm, that means finding, vetting and presenting candidates. A typical clause reads:

Illustrative contract wording

Search Firm shall maintain Professional Liability (Errors and Omissions) insurance covering the recruiting and candidate assessment services under this Agreement, with limits of not less than $1,000,000 per claim and $2,000,000 in the aggregate. If written on a claims-made basis, coverage shall be maintained for two (2) years after the final placement.

Sample wording for illustration. Your agreement's wording controls.

  • Per claim: the most the policy pays for any one claim. Here, $1M.
  • Aggregate: the most the policy pays for all claims in one policy year. Here, $2M. A $1M/$1M policy does not meet this clause. A $1M/$2M policy meets its limits.
  • Claims-made: Professional Liability is almost always written this way. The policy covers claims made and reported while it is active, for work done on or after the retroactive date (the earliest date of work the policy covers). See claims-made vs. occurrence.
  • Years after the search: the clause asks you to keep coverage after the last placement, since problems with a hire can surface later.

Who asks executive search firms for $1M?

Requests can come from:

  • Mid-sized and large employers whose vendor onboarding lists a standard insurance section.
  • Private equity firms hiring leaders for portfolio companies.
  • Hospitals, health systems and universities filling senior roles.
  • Nonprofit boards and public agencies hiring senior leaders.

Large employers on big searches may ask for $2M, which doubles the most the policy pays on one claim. A bad senior placement may lead to a claim that includes the cost of the failed search. See $2M Professional Liability for executive search firms.

How is $1M built?

At $1M, the limit is usually one primary policy (the policy that pays first), with no excess layers (extra policies that sit above the first one) over it. Search firms usually buy a general form for service businesses or one written for staffing and recruiting firms. Check that the policy lists search, assessment and any background screening you do as covered services.

A commercial umbrella almost never covers Professional Liability, so it usually cannot fill the requirement (see Does a commercial umbrella cover Professional Liability?).

A certificate of insurance (a one-page proof of your coverage) shows that coverage exists. It does not add the client to the policy. Clients usually cannot be added as an additional insured (a party the policy also protects). Where a carrier offers it, it typically covers only the client's liability arising from your services, so confirm it before you buy.

Good to know

Defense costs can use up the limit. Many Professional Liability policies pay defense costs inside the limit. If lawyers cost $150,000 on a $1M policy, less is left to settle the claim. Check the defense wording in the policy form. The declarations page (the summary at the front of the policy) lists the extra forms attached, and any of them may change that wording.

What will underwriters ask for?

An underwriter is the person at the insurer who decides whether to offer coverage. For search firms, they usually ask about:

  • Your mix of retained work (paid upfront or in stages), contingency work (paid only when a hire is made) and interim work (temporary executives), with the share of revenue from each.
  • Searches per year, typical fee size and industries.
  • How you check degrees, work history and references,.
  • Your candidate guarantee terms and written engagement letters.
  • How you protect confidential data, including off-limits lists (companies you agree not to recruit from).
  • Prior claims, possible claims, and your current policy and retroactive date.

What affects the cost?

  • Revenue and search volume. More searches and larger fees mean more exposure.
  • Type of work. Interim placements and screening services often add cost.
  • Claims history. Prior claims can raise the price or narrow options.
  • Limit, aggregate and retention. A higher aggregate usually costs more. A higher retention (the amount you pay on each claim first) usually lowers the premium.

Frequently asked questions

Can an executive search firm be sued over a bad placement?

Yes, a client may claim that your search work caused a financial loss. Hypothetical example: a placed CFO turns out to have a false degree, and the client says your firm promised to verify it. Whether any claim is covered depends on the policy wording.

Does Professional Liability cover my placement guarantee?

Usually not by itself. A refund or free replacement search under your guarantee is a contract promise, and many policies exclude liability taken on only by contract, and fee disputes. See the contractual liability exclusion.

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

No, a $1M/$1M policy does not meet a $1M/$2M requirement. Request new quotes for a $1M/$2M policy through Morrow. Ask that your retroactive date and prior acts coverage (cover for past work done before the new policy starts) carry over where the market allows. Keep your current policy until the new one starts, and report anything that could become a claim to your current carrier before it ends.

Do I need $1M Professional Liability as an executive search firm?

Often yes, if a client's search agreement requires it. Read the insurance section for the per claim limit, the aggregate and any years of coverage after the last placement.

Looking for $1M in Professional Liability? Morrow can help.

Send us the insurance section of your client's search agreement and your current policy, if you have one. Morrow can review the requirement against your coverage and request quotes. Whether a carrier offers terms, and on what terms, depends on underwriting.

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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.