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A Morrow guide

$5M Professional Liability (E&O) Insurance for Third-Party Inspection Firms

In this guide

If a refinery owner, contractor or agency asks your inspection firm for $5M, it usually means $5M per claim and aggregate, often built as a primary policy plus excess layers.

The short answer

  • A $5M requirement usually means your inspection firm must carry $5M per claim / $5M aggregate of Professional Liability (E&O), often from a primary policy plus excess layers. Many contracts ask for $1M or $2M instead.
  • $5M is on the high end for inspection firms. Large energy, infrastructure or government work often asks for it.
  • $5M is very rare online. You will almost always need a broker to reach specialty insurance markets (markets that handle higher limits and harder risks). Morrow can help you find it.

What does a $5M requirement mean for third-party inspection firms?

Professional Liability (E&O, short for Errors and Omissions) covers claims that your inspection, test or report caused a client a financial loss. A $5M clause might read like this:

Illustrative contract wording

Inspection Contractor shall maintain Professional Liability insurance covering all inspection, testing and reporting services, with limits of not less than $5,000,000 each claim and $5,000,000 annual aggregate. If written on a claims-made basis, the retroactive date shall precede the first inspection, and coverage shall be maintained for five (5) years after final acceptance. Required limits may be met by primary and excess policies combined.

Illustrative example only. Your contract's wording controls.

  • Each claim and aggregate: the most paid on one claim, and on all claims in a policy year. Both must reach $5M. See how limits are written.
  • Claims-made: the policy covers claims made while it is active, for work after the retroactive date (the earliest work date the policy covers).
  • Five years after acceptance: defects can surface years later, so every layer usually needs the same retroactive date.
  • Primary plus excess: this clause allows stacking. If yours is silent, confirm with the client that primary plus follow-form excess meets it.

Who asks third-party inspection firms for $5M?

Many inspection contracts ask for $1M to $3M. A $3M request may fit mid-size projects, while $10M usually points to the largest energy or infrastructure owners. $5M sits between them and usually means the client's own exposure is large:

  • Refinery, pipeline, LNG and power plant owners buying source inspection (checking parts at the maker's shop) on pressure vessels.
  • Large contractors and owners on hospitals, towers or bridges, buying special inspection (required checks on building work).
  • Aerospace, medical device and automotive manufacturers releasing critical parts.
  • Government agencies on large public works.

How is $5M built?

Many inspection firms buy Miscellaneous Professional Liability, a form for service firms without their own policy type. If licensed engineers stamp your reports, your client or underwriter may ask for Architects and Engineers (A&E) Professional Liability instead. A primary policy pays first. An excess policy pays only after the layer below is used up.

Example A: one policy

Primary policy$5M / $5M
Total: $5M per claim / $5M aggregate

Example B: two layers

Excess layer$3M xs $2M
Primary policy$2M / $2M
Total: $5M per claim / $5M aggregate

Example C: three layers

Second excess$2M xs $3M
First excess$2M xs $1M
Primary policy$1M / $1M
Total: $5M per claim / $5M aggregate
Block height shows limit size. "$2M xs $3M" means a $2M layer above the first $3M.

Each excess layer should follow form, meaning it adopts the primary policy's terms. Match the retroactive date, policy period and named insured (the business the policy covers) on every layer. Many Professional Liability policies pay defense costs inside the limit, so a long dispute can use up part of the $5M. A commercial umbrella almost never counts toward it.

Good to know

Some combined General Liability and Professional Liability policies may share one aggregate, so check your contract.

What will underwriters ask for?

An underwriter reviews your risk for the insurer. Each insurer may ask:

  • Your services by revenue share, such as source inspection, nondestructive testing (NDT), coatings or special inspection.
  • Whether reports certify compliance or only record findings, and who reviews them.
  • Inspector certifications, and how you supervise contract inspectors.
  • Your client agreements, including indemnity terms (promises to cover the client's losses) and any limitation of liability clause (a cap on what you owe a client).
  • Five years of loss runs (a report listing past claims), any known incidents, and your current policy with its retroactive date.

What affects the cost?

  • What you inspect. Pressure equipment, energy and structural work usually cost more to insure.
  • How the layers are built. The primary layer often costs the most per $1M of limit.
  • Revenue and claims history. Larger projects and past claims can raise the price or cap the limit offered.
  • Retention and defense terms. Retention is what you pay per claim before the insurer pays, like a deductible. A higher one usually lowers premium. Defense outside the limit usually costs more.

Frequently asked questions

Do I need $5M Professional Liability (E&O) as a third-party inspection firm?

Only if your contract or client requires it. Many inspection contracts ask for $1M to $3M, and primary plus follow-form excess often meets a $5M clause.

I have $2M today. How do I get to $5M as an inspection firm?

Request new quotes through Morrow for a $5M primary, or for excess layers above a primary, keeping your retroactive date and prior acts coverage (cover for work done before the new policy starts) where the market allows. Report any known incidents to your current insurer before you switch.

Can a client be added as an additional insured on my inspection firm's Professional Liability?

Usually not. Professional Liability policies generally do not add clients as additional insured. Some may offer narrow wording, so confirm what each layer allows. Many clients accept a certificate of insurance (a one-page proof of coverage) listing every layer, but check what your contract requires.

What could a $5M claim look like for an inspection firm?

A $5M claim could start from a missed defect that causes a large loss. Hypothetical examples: your inspector accepts a pressure vessel at the shop, it fails on site, and a refinery shutdown for repairs runs weeks late.

Looking for $5M in Professional Liability? Morrow can help.

Send us the insurance requirement from your contract and your current policy. Morrow can review both and request quotes for a $5M primary policy or primary and excess layers, keeping your retroactive date where the market allows.

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.