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Errors and Omissions (E&O) Insurance

If a client claims your advice, your product or your service caused them a financial loss, Errors and Omissions insurance covers the legal defense and any settlement, even if the claim turns out to be groundless.

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For financial services firms—from RIAs to fintech platforms—whose business depends on delivering advice, reports, recommendations, or other professional services, Errors & Omissions (E&O) insurance serves as a critical safeguard. It helps protect your company from the financial impact of claims arising from alleged mistakes, omissions, or unmet client expectations.

What is E&O insurance?

Errors and Omissions insurance, also called professional liability insurance, protects your company when a client alleges that a mistake, an omission or a failure to deliver a promised service caused them financial harm. It covers legal defense costs, settlements and judgments related to the professional services your company provides to others for a fee.

Unlike General Liability, which covers bodily injury or property damage, E&O covers financial loss caused by the work itself, bad advice, a missed deadline, an inaccurate report, a service that fell short of what was promised.

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Who needs E&O insurance?

Any financial services firm that provides a service, advice or a work product to clients for a fee, including:

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  • Registered investment advisors, broker-dealers and financial consultants
     

  • ​Companies providing compliance, HR or administrative services on behalf of financial services clients
     

  • Fintech and insurtech platforms
     

  • Asset managers and hedge funds

What does errors and omissions insurance cover?

  • Claims alleging financial loss from inaccurate advice, analysis or reporting

  • Failure to deliver a contracted service as promised

  • Misrepresentation of your product's or service's capabilities

  • Negligence in the performance of professional duties

  • Legal defense costs, even when the underlying claim is later found to be without merit

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What is not covered by E&O insurance?

  • Bodily injury or property damage (covered under General Liability)

  • Intentional misconduct or fraud

  • Criminal acts

  • Claims arising from services performed outside the scope of your business

  • Employment related claims, such as wrongful termination or discrimination (covered under Employment Practices Liability)

Real-World Examples

Zenefits, an HR and benefits platform, promised its clients automatic compliance with state insurance licensing requirements. In 2017, New York's Department of Financial Services fined the company $1.2 million after finding it had allowed unlicensed brokers to sell insurance to its small business clients, a failure to deliver the compliance service the company had marketed.

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Source: New York State Department of Financial Services, reported by Reuters/Fortune, "More Trouble For Zenefits Over Unlicensed Insurance Sales," published April 11, 2017.

Is E&O insurance worth it?

For any financial services firm that gets paid for advice, analysis or a service outcome, yes.

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A single E&O claim, even a groundless one, still requires a legal defense, and those costs alone can reach well into six figures before any settlement is discussed. E&O is also increasingly a condition clients set before signing a contract, particularly enterprise clients and anyone operating in a regulated financial industry.

E&O vs. Tech E&O: Which one do you need?

E&O and Tech E&O both protect against claims that your work caused a client financial harm, the difference is in what triggered the claim.

E&O insurance

Responds when a client alleges your professional advice, analysis or service fell short, a bad recommendation, an inaccurate report, a missed deadline.

Responds specifically when your software, platform or technology failed to perform as promised, a bug, an outage, a system error that caused the client a loss.

Most fintech and financial technology companies carry both, because a single incident can touch on both fronts.

 

If your product is software, a platform, or a technology service, visit our Tech E&O Insurance page to see coverage built specifically for technology failures. If your company is paid for advice, analysis or a service outcome rather than a piece of technology, this page covers what you need.

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