For property managers whose agreement asks for $1M: a Professional Liability (E&O) policy that pays up to $1M per claim for mistakes in your management work.
The short answer
- A $1M Professional Liability (E&O) requirement means your policy must pay up to $1M per claim for financial loss from mistakes in your property management work.
- Check whether the agreement asks for $1M/$1M or $1M/$2M. The second number is the yearly cap on all claims (the aggregate), and many agreements set one.
- Gaps can happen, such as leasing work the policy does not list. Morrow can review your agreement and current policy and help you find $1M coverage that fits.
What does a $1M Professional Liability requirement mean for property managers?
Professional Liability (E&O, short for Errors and Omissions) covers claims that a mistake in your work cost a client money. A typical clause reads:
Illustrative contract wording
Agent shall maintain Professional Liability (Errors and Omissions) insurance covering its property management and leasing services under this Agreement, with limits of not less than $1,000,000 each claim and $2,000,000 annual aggregate. If written on a claims-made basis, Agent shall maintain such coverage for not less than two (2) years after termination of this Agreement.
Sample wording for illustration only. Your agreement's wording controls.
- Each claim: the most the policy pays for one claim. Here, $1M.
- Aggregate: here $2M for all claims in one year. A $1M/$1M policy would not meet this clause as written. A $1M/$2M policy usually meets the limit part, but check the rest of the clause too.
- Claims-made: Professional Liability almost always pays only for claims made while the policy is active. The work must also be on or after the retroactive date (the earliest work date the policy covers). That is why owners ask you to keep coverage after the agreement ends. See claims-made vs occurrence.
- "Property management and leasing services": the policy must describe what you actually do.
A contract review compares the agreement to the policy. It looks for a low aggregate, a service the policy does not list, or an exclusion (something the policy will not cover) for properties you own. Many policies also pay defense costs inside the limit. Legal bills then shrink what is left to settle a claim.
Who asks property managers for $1M Professional Liability?
For many small and mid-sized management firms, $1M is a common request. Requests often come from:
- Owners and investor groups hiring an outside manager.
- Condo and homeowners associations hiring a manager.
- Large investment owners (such as real estate investment trusts) with standard agreements.
- Lenders that set terms for financed properties.
- Developers filling a new building with first tenants.
Larger portfolios and institutional owners may ask for $2M per claim. See $2M Professional Liability for property managers.
How is $1M Professional Liability built?
At $1M, the limit is usually one primary policy (the policy that pays first), with no excess layers (extra policies above it). Property managers often buy a real estate E&O form that includes property management, or a general Professional Liability form for service businesses.
A commercial umbrella almost never covers Professional Liability (see Does a commercial umbrella cover Professional Liability?). Owners usually cannot be added as an additional insured (a party added to your policy for protection). A certificate of insurance is a one-page proof of coverage. It gives the owner no rights under the policy.
Good to know
Theft of client funds is usually a separate policy. Professional Liability usually excludes theft by your own staff. A crime policy (also called fidelity coverage) with employee dishonesty and client property coverage usually handles theft of owner or association funds. Many agreements ask for both.
What will underwriters ask property managers for?
An underwriter is the insurer's reviewer who decides whether to offer coverage. They usually ask for:
- Units or square feet managed, by property type, and your fee and commission revenue.
- How you handle rent, deposits and reserves, including monthly bank reconciliations (matching your records to the bank).
- Tenant screening, fair housing training (fair housing laws bar discrimination against tenants) and written agreements.
- Prior claims, possible claims, and your current policy and retroactive date.
What affects the cost of $1M Professional Liability?
- Property mix. Associations and large commercial buildings often draw more scrutiny.
- Size of the book and control of money. More units and holding deposits or reserves usually raise risk.
- Claims history. Prior claims can raise the price or narrow options.
- Policy terms. A higher aggregate usually costs more. A higher retention (the amount you pay on each claim before the policy pays) usually lowers it. Defense costs outside the limit often add cost.
Frequently asked questions
Do I need $1M Professional Liability as a property manager?
You need it if your management agreement, lender or association says so. Check the clause for the per claim limit, the yearly aggregate and how long coverage must last after the agreement ends. For example (hypothetical): a manager forgets to renew the owner's property policy, a fire follows, and the owner says the manager's mistake caused the loss. Whether a policy would respond depends on its wording and exclusions.
Does Professional Liability cover a tenant who slips in a building I manage?
Usually not. Injuries fall under General Liability (coverage for injury and property damage). Professional Liability is for financial loss from your services. Many managers carry both (see Professional Liability vs General Liability).
Does Professional Liability cover fair housing complaints against a property manager?
It depends on the policy. Some forms include fair housing coverage, often with a smaller sublimit (a cap inside the main limit). Others exclude it, so check before you sign.
Is $1M/$1M enough if my agreement says $1M/$2M?
A $1M/$1M policy would not meet a $1M/$2M requirement as written. Request new quotes for a $1M/$2M policy. Morrow can request them and ask carriers to keep your retroactive date and prior acts coverage (coverage for past work before the new policy starts) 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 first.
Looking for $1M in Professional Liability? Morrow can help.
Send us the insurance section of your management agreement and your current policy, if you have one, so Morrow can review them and request quotes. Whether a carrier offers terms depends on underwriting.
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.
