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A Morrow guide

$2M Professional Liability (E&O) Insurance for Tutors

In this guide

A $2M Professional Liability requirement means your policy must pay up to $2M on a single claim, and tutors usually see it in district, university and government contracts.

The short answer

  • A $2M requirement means one claim could be paid up to $2M. For tutors it usually comes from districts, universities, government programs and large employers, while many tutoring contracts ask for $1M.
  • Read the per claim number. A $2M/$2M policy usually meets a $2M per claim clause. A $1M/$2M policy usually does not.
  • A $2M policy that also matches a district's abuse and molestation wording often needs a broker review. Morrow can help you find it.

What does a $2M requirement mean for tutors?

Professional Liability (E&O, short for Errors and Omissions) covers claims that your teaching, advice or services caused a client a financial loss. A $2M clause in a school or university contract might read like this:

Illustrative contract wording

Contractor shall maintain Professional Liability insurance covering all tutoring and academic support services, with limits of not less than $2,000,000 per claim and $2,000,000 annual aggregate. Where services involve minors, Contractor shall also maintain sexual abuse and molestation coverage. Claims-made coverage shall be maintained for three (3) years after the services end.

Illustrative example only. Your contract's wording controls.

  • 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. Check both numbers, because a $1M/$2M policy pays only $1M on one claim. See Professional Liability limits explained.
  • Abuse and molestation: if the clause names it, check that your policy includes it and does not exclude it. It often has its own limit.
  • Three years after: Professional Liability is almost always claims-made, so it covers claims made while the policy is active. Keep renewing with the same retroactive date (the earliest date of work the policy covers), or buy tail coverage (extra time to report claims after a policy ends). Tail usually must be bought soon after the policy ends.

Who asks tutors for $2M?

Many solo tutors and small tutoring firms are asked for $1M (see $1M Professional Liability for tutors). A $2M request usually comes from:

  • Large school districts buying tutoring or special education support across many schools.
  • State education agencies and districts buying tutoring through state-funded or grant-funded programs and formal vendor contracts.
  • Universities hiring outside firms for student success programs or athlete tutoring.
  • Government workforce and adult education programs buying GED or literacy instruction.
  • Large employers offering tutoring as an employee benefit.

See also $2M for education and training firms.

How is $2M built?

At $2M, the limit is usually one primary policy (the policy that pays first) written at $2M/$2M. Tutors usually buy Miscellaneous Professional Liability, a form made for service businesses. A $1M primary plus a $1M follow-form excess layer (a second policy above it that uses the same terms) can also work. Confirm with the client that primary plus follow-form excess meets the clause.

A commercial umbrella (a policy that adds limits on top of other policies) almost never covers Professional Liability. Additional insured status (a named party that gets coverage under your policy) is not automatic on Professional Liability. Some carriers offer it as an add-on, usually limited to claims arising from your services, and many do not. Check whether your contract requires it. A certificate of insurance is one-page proof of coverage and does not make anyone an insured.

Good to know

A hypothetical example. Your firm runs reading intervention for a district. At year end, the district says your tutors did not follow students' learning plans and asks you to pay for summer school. Many Professional Liability policies pay defense costs inside the limit. If yours does, legal fees and any settlement would come out of the same $2M.

What will underwriters ask for?

An underwriter is the person at the insurer who decides whether to offer coverage and on what terms. For a tutoring firm at $2M, expect questions like these:

  • Your services by share of revenue, such as K to 12 tutoring, reading intervention, special education support, test prep, admissions coaching and adult education.
  • Your largest contracts and the students and schools served.
  • Whether contracts tie your pay to test scores or other results.
  • How you hire and supervise tutors, including background checks and independent contractors.
  • Your rules for one-on-one time with minors, in-home visits and online sessions.
  • How you protect student records, plus revenue, prior claims, and your current policy and retroactive date.

What affects the cost?

  • Type of service. Special education support, reading intervention and admissions coaching may be viewed as higher risk than homework help.
  • Contract size and results language. Large contracts and pay tied to outcomes can mean bigger possible losses.
  • Students and staff. More tutors, minors and in-home sessions can add cost.
  • Claims history. Past claims or complaints can raise the price or narrow options.
  • Retention and defense terms. A retention is what you pay on each claim before the policy pays, like a deductible. A higher one usually lowers premium, and defense outside the limit usually costs more.

Frequently asked questions

I carry $1M as a tutor. How do I get $2M Professional Liability?

Request new quotes for a $2M policy through Morrow. Morrow can ask carriers (the insurance companies) to keep your retroactive date and prior acts coverage (coverage for work done before the new policy starts) where the market allows. Whether past sessions stay covered depends on the carrier and the policy wording. In most cases, keep your current policy in force until the new one starts, and check your contract and policy wording. Report anything that could become a claim to your current carrier before that policy ends.

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

Usually not. A $1M/$2M policy pays only $1M on one claim, so it often does not meet a $2M per claim clause. A $2M/$2M policy, or a $1M primary plus follow-form excess, may meet it. Confirm with the client that your setup meets the clause.

Does tutor Professional Liability cover abuse and molestation claims?

Often not. Many policies exclude it, so ask that the quote show where that coverage sits and its limit.

Looking for $2M in Professional Liability? Morrow can help.

Send us the contract's insurance section and your current policy, if you have one. Morrow can review the requirement against your coverage and request quotes for a $2M policy. Terms depend 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.