$2M Professional Liability (E&O) Insurance for Litigation Support Consultants

Litigation support consultants asked for $2M before joining a matter: the policy must pay up to $2M on a claim from your work, and $1M/$2M may not meet that.

What does a $2M requirement mean for litigation support consultants?

Professional Liability (E&O, short for Errors and Omissions) covers claims that a mistake in your work caused a client a financial loss. A $2M clause in a litigation support engagement might read like this:

• Per claim: the most the policy pays for one claim. Here, $2M.
• Aggregate: the most the policy pays for all claims in one policy year. Here, also $2M.
• 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 (the earliest date of work the policy covers). See claims-made vs occurrence.
• "Final resolution of the matter": appeals can add years. You would need to keep coverage with the same retroactive date, or buy a tail (extra time to report claims about past work).

Who asks litigation support consultants for $2M?

A $2M request often comes from:

• Large law firms adding you to a vendor panel, with one set of limits for every outside vendor.
• Corporate legal departments on high-dollar disputes, such as contract, antitrust or patent cases.
• Class action and mass tort teams, where one error can touch thousands of documents.
• Courts and agencies buying trial technology services.
• Larger consulting firms passing their client's limits down to you as a subcontractor.

If the request is smaller, see $1M for litigation support consultants. If it is larger, see $3M.

How is $2M built?

At $2M, the limit is usually one primary policy (the policy that pays first) written at $2M/$2M. In some cases, a $1M primary plus a $1M excess layer (a second policy that pays after the first is used up) can reach $2M. 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?

Most litigation support firms buy Miscellaneous Professional Liability, a form for service businesses without their own policy type. Attorneys practicing law need lawyers professional liability instead. If you host, process or produce review data, you may also need Technology E&O (for tech service errors) and Cyber (for data breaches). If you carry $1M today, request new quotes for a $2M policy through Morrow, keeping your retroactive date where the market allows.

What will underwriters ask for?

An underwriter is the person at the insurer who decides whether to offer coverage and on what terms. At $2M, they often ask for:

• The engagement letter asking for $2M and the type of matter.
• Revenue split by service, such as jury research, trial graphics, damages work and e-discovery project management.
• Whether anyone at your firm testifies or signs reports used at trial.
• How you check calculations, exhibits and document productions, including steps to catch privileged documents (private lawyer-client communications) before they are produced.
• What case data you hold, where it is stored and who can access it.
• Your largest matters, use of subcontractors, prior claims, and your current policy with its retroactive date.

What affects the cost?

• Service mix. Damages work, testimony and e-discovery usually cost more to cover than graphics or trial logistics.
• Matter size. Class actions and high-dollar disputes raise possible losses.
• How the $2M is built. One $2M/$2M policy and a $1M primary with $1M excess are priced differently.
• Controls and claims history. Prior claims can raise the premium (the price you pay for the policy).
• Retention and defense terms. A higher retention (the amount you pay on each claim before the policy pays, similar to a deductible) usually lowers the premium.

Frequently asked questions

Do I need $2M Professional Liability as a litigation support consultant?

Often yes, if your engagement letter or the firm's vendor panel requires it. Two hypothetical claims show why. A formula error in a damages model carries into a testifying witness's report, the number falls apart at trial, and the client says the case settled for far less. Or a review team miscodes documents in a class action and privileged emails are produced.

Is $1M/$2M enough if my contract says $2M?

Not if the clause asks for $2M per claim, because $1M/$2M pays only $1M for one claim. It works only if the clause asks for $1M per claim and $2M aggregate. Tell your current carrier about any known incident before you switch.

Does the law firm's malpractice policy cover my work?

Often not. A firm's policy is usually written for the firm and its lawyers, and whether it applies to an outside consultant depends on that policy's wording. Clients usually cannot be added as an additional insured (an extra party named on your policy as covered) on Professional Liability, so many clients accept a certificate of insurance showing your own $2M policy.

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.