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A Morrow guide

$3M Professional Liability (E&O) Insurance for Forensic Accountants

In this guide

For forensic accountants whose client or engagement letter asks for $3M: it is usually met with one $3M primary policy or a smaller primary plus a follow-form excess layer.

The short answer

  • $3M is on the high end for forensic accountants. It usually comes from large, high-dollar matters.
  • It is usually built one of two ways: a single $3M primary policy, or a $1M or $2M primary plus a follow-form excess layer on top.
  • $3M is rarely available online and is usually placed by a broker. Morrow can help you find it.

What does a $3M requirement mean for forensic accountants?

A $3M requirement means your Professional Liability (E&O, short for Errors and Omissions) needs a $3M limit for claims that a mistake in your forensic work caused a client a financial loss. A $3M clause in a forensic engagement might read like this:

Illustrative contract wording

Consultant shall maintain Professional Liability insurance covering forensic accounting, investigative and litigation support services, with limits of not less than $3,000,000 per claim and $3,000,000 in the aggregate. If written on a claims-made basis, coverage shall be maintained for three (3) years after completion of the engagement. Limits may be satisfied by a combination of primary and excess policies.

Sample wording for illustration only. Your engagement letter or contract controls.

  • Per claim and aggregate: the most the policy pays for one claim, and for all claims in a policy year.
  • Claims-made: Professional Liability almost always covers claims made and reported while the policy is active, for work done after the retroactive date (the earliest work date covered).
  • Primary plus excess: the last sentence allows stacked policies. If your clause is silent, confirm with the client that primary plus follow-form excess meets it.
  • Named services: every layer should cover your forensic and testimony work.

Who asks forensic accountants for $3M?

Many forensic engagements ask for $1M or $2M, or name no limit. $3M tends to appear when your report or testimony could drive a very large damages or recovery figure:

  • Large companies hiring you to investigate suspected fraud for a board or audit committee.
  • Lenders asking you to review a troubled borrower's books.
  • Insurers placing you on a panel for large fraud claims.
  • Law firms retaining you to testify on damages in a large dispute.
  • Government agencies buying investigative support.

If the client asks for even more, see $5M Professional Liability for forensic accountants. If the clause says $2M, see $2M Professional Liability for forensic accountants. Compared with $2M, a $3M clause often means adding a layer instead of buying one policy.

How is $3M built?

A primary policy pays first. An excess policy pays only after the primary limit is used up. A label like $1M xs $2M means a $1M layer that sits above (in excess of) a $2M primary.

Example A: single policy

Primary policy$3M / $3M
Total: $3M per claim / $3M aggregate

Example B: two layers

Excess layer$1M xs $2M
Primary policy$2M / $2M
Total: $3M per claim / $3M aggregate
Block height shows the size of each limit.

The excess should follow form, meaning it adopts the primary policy's terms. Every layer should share the same retroactive date, policy period and named insured (the business covered).

CPA firms usually buy accountants professional liability. Non-CPA fraud examiners usually buy Miscellaneous Professional Liability, a form for service businesses without their own policy type.

A commercial umbrella almost never covers Professional Liability (see Does a commercial umbrella cover Professional Liability?).

Good to know

A hypothetical example. Say a company hires you to size an embezzlement loss. Your report misses part of the scheme, and the company sues you. Many policies pay defense costs inside the limit, so years of litigation can use up much of the $3M before any settlement.

What will underwriters ask for?

An underwriter decides whether to offer coverage and on what terms.

  • Your revenue split across fraud investigation, damages, testimony, valuation, and tax or audit work.
  • Your largest matters: the amount in dispute or suspected loss, and the client.
  • Whether you serve as a receiver, monitor or trustee. Some policies exclude these roles.
  • How often you testify, whether any opinion was challenged, and how you review reports.
  • The contract requiring $3M, loss runs (a report of past claims), and your current policy.

What affects the cost?

  • Mix of services. Fraud work and testimony may be rated differently than tax work.
  • Revenue and matter size. Bigger matters mean bigger possible losses.
  • How the $3M is built. A single $3M primary and a primary plus excess can be priced differently, so ask for both options.
  • Claims history. Prior claims can raise the price or shrink the limit a carrier will offer.
  • Retention and defense terms. A higher retention (the amount you pay per claim, like a deductible) usually lowers premium, and defense outside the limit usually costs more. See cost factors.

Frequently asked questions

Can a small forensic accounting firm get $3M Professional Liability?

Sometimes. It depends on your revenue, services and claims history. Some small firms may reach $3M with a $1M or $2M primary plus excess. Some excess markets may not quote very small practices. Morrow can review your details and request quotes.

I already have $1M or $2M of Professional Liability. How do I get to $3M?

Request new quotes through Morrow, either for a new $3M primary or for excess layers above a primary. Morrow can ask carriers to keep your retroactive date and prior acts coverage (cover for past work done before the new policy starts) where the market allows. Report anything that could become a claim to your current carrier before you switch.

Can my client be added as an additional insured on my Professional Liability?

Usually not. An additional insured is someone added to your policy for protection. Professional Liability protects you against claims arising from your professional work, so naming a client as an additional insured usually does not fit. Many clients accept a certificate of insurance (a one-page summary of your coverage).

How long does it take to get $3M of Professional Liability in place?

It varies, and it often takes longer than a lower limit. Underwriting at this level may take a few weeks, and an excess layer may add time.

Looking for $3M in Professional Liability? Morrow can help.

Send us the insurance requirement from your engagement letter or contract and your current policy. Morrow can review both and request quotes for a $3M primary or a primary and excess structure.

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.