Employee liability insurance is one of the elements of the extensive liability insurance industry . It is difficult to come up with a profession that would not be fraught with risks, unpredictable dangers, accidents that could cause damage. In some cases, the damage is significant, the victims are third parties. Current legislation obliges to distinguish between the nature of the damage caused, the amount of damage, the causes and characteristics of the situation. It is important to take into account the individual qualities of different types of professional activity, because the differences are more than significant. Let's try to understand this issue in more detail.
General view
Civil and professional liability insurance is the field of activity of specialized enterprises that have received a license for this in accordance with the regulations declared by the laws of the country. When insuring a client, such enterprises take into account what are the features of different fields of activity, what typical risks accompany specialists. The insurance object is liability for damage:
It is taken into account that the specialist faithfully performed the functions assigned to him, performed actions appropriate to the profession, and abided by the established rules and restrictions. A claim may be made if, at the same time, mistakes were made, oversights, omissions, tasks were performed to some extent carelessly. As follows from the provisions of the law, professional liability insurance involves compensation for damage only when the damage is recognized as unintentionally caused. This is indicated in the Civil Code in an article published under number 963.
Everything has its time
Professional liability risk insurance involves concluding an agreement between the insured and the service provider, which sets out how to recognize that an insured event has occurred and how to analyze the circumstances that provoked it. Particular attention should be paid to the damage calculation algorithm, which must be compensated to the injured person. When forming an agreement, both parties take into account the specific features of the human profession, the risks with which it is associated. You need to understand exactly what events from the professional life of a specialist can cause damage, how high the likelihood of their occurrence.
Under the contract, the civil liability of the specialist is insured if he can provide official confirmation of the qualification level, confirm the success of the licensing process, and therefore the right to occupy a position, provide services, and perform operations related to work tasks.
A private person practicing the provision of certain services, as well as a community, a company, another legal entity, may be interested in concluding a professional liability insurance contract. In this case, the insured by agreement will be an individual, that is, a specific person.
Responsibilities and Responsibilities
The fact of an incident falling under the provisions of a professional liability insurance contract is established in a judicial proceeding. The law enforcement authority reveals that an event has occurred that falls within the scope described in the official agreement, recognizes the need to be held accountable to the victims and determines how great the damage is and what compensation should be for a particular case. However, the possibility of concluding an agreement before the trial is not canceled. This is more typical of circumstances when there is indisputable evidence of the fact that the policyholder caused harm to a third party. In this case, both parties must agree with the amount of damage, compensation.
In accordance with the rules of compulsory professional liability insurance, it is impossible to consider a case to be repayable under such an agreement if the cause was the deliberate actions of the insured or his inaction, and the person was aware of the consequences of such behavior or sought to inflict damage on the victim. It is impossible to rank as an insurance situation when the policyholder violated the law, caused moral damage to the victim.
The financial side of the issue
Current regulations governing compulsory professional liability insurance establish that the amount payable should be formed taking into account the wishes of all interested parties, as well as the provisions of the law. The court establishes a certain amount in rubles or relative to the minimum wage. In some cases, the wording does not contain restrictions.
The contract between the professional and the insurance company is concluded at the initiative of the interested person, that is, the insured. As a rule, a statement is drawn up for this, on the basis of which a mock agreement is drawn up, then signed by the participants, if everyone agrees with its provisions. The parties agree on the limits of liability with respect to one case recognized as insurance. The contract is concluded according to the logic of the franchise. The duration of the action is from a year or more, although in exceptional cases it is possible to conclude an agreement for a shorter period.
If you analyze domestic practice, you have to admit - professional liability insurance is most relevant for professions and positions:
- notary;
- auditor;
- real estate agent;
- doctor;
- security guard.
In the practice of other powers, the list is somewhat wider, since insurance itself is much more widespread. Experts suggest that professional liability insurance in the future and in Russia will become more active. Already now, as experts say, if all the reasons are to assume an imminent change in the situation, expanding the profile of posts, professions, representatives of which would be interested in concluding an insurance agreement.
Looking in more detail: the work of the auditor
The current laws of our country oblige everyone who is interested in working in this area to first conclude an insurance agreement. Without an appropriate policy, entrepreneurship in this area becomes a violation of the law. This approach was not accidentally invented, it helps to reduce the likelihood of property costs associated with causing unpredictable, undesirable harm to customers.
The relevance of the professional liability insurance of the auditor is due to the complexity of the tasks associated with such a professional choice. An independent analyst provides monitoring services in three aspects:
- accounting reports;
- financial reports;
- document management company.
Extensive practice shows that even an experienced, competent specialist can make a mistake that can provoke considerable damage. This is especially true in the context of frequent amendments to existing legislation.
Participation in the insurance contract allows you to cover the costs associated with damage to the inspected object due to incorrect or insufficiently accurate services. The main condition for reimbursement by the insurance company is the unintentional falsity of information transmitted by the auditor to the customer. In fact, the policy becomes the guarantor of the absence of financial losses during the activities of the auditor.
Question: versatile
In practice, professional liability insurance can not only prevent sudden losses associated with mistakes made in the work, but also interest investors and potential customers. Having evidence of the participation of the auditor in the insurance program, individuals will be more willing to make contact and cooperate. An insurance arrangement is a guarantee that in case of an error the injured party will immediately receive all due payments.
The error of the verification can be revealed some time after the completion of the procedure. This is taken into account when concluding an agreement with an insurance company, and the program involves covering losses even if they occur after some time. Specific boundaries are negotiated officially, prescribed in the contract.
Auditor Risks:
- damage to the property of the client;
- poor-quality, incomplete, untimely fulfillment of obligations undertaken;
- unpredictable legal costs of a claim filed after the completion of the audit procedure.
Do I need it?
Professional liability insurance helps protect yourself from unintentionally made mistakes caused by incorrect interpretation of the law, lack of timely access to the regulatory framework. The auditor protects himself from the risks associated with an insufficiently thorough audit of reports - some distortions can elude the attention of even the most attentive specialist. Miscalculations can be the most commonplace - arithmetic. In addition, liability insurance helps reduce the likelihood of risks arising from:
- poor-quality advice, due to which the client made a mistake;
- loss, damage to trusted documentation, property;
- disclosure of classified information;
- Incorrect calculation of taxes and other amounts payable;
- erroneous documentation.
Property insurance of professional liability involves the payment of some agreed financial mass to the customer of the auditor. Payment is possible at the time of filing the statement of claim or on the basis of a court decision, if the court decided to compensate for losses caused by the error of the auditor.
Controversial Aspects
All types of professional liability insurance currently practiced suggest that in some cases the insurance company will not reimburse the client for the amount due by the court. The insurance does not include risks if the harm is caused by circumstances known to the auditor before starting work with the client. The insurance company is not obliged to pay anything if it is established:
- fraud, crime, dishonesty of the auditor;
- intoxicated specialist at the time of the performance of work duties;
- insufficient level of qualification of the contractor;
- types of damage not covered by the insurance program;
- errors provoked by the suppression of the boundaries of professional duties of the auditor;
- mutual relations of the auditor and the company filing a claim;
- family ties between the auditor and the client.
As a rule, the insurance arrangement indicates the restrictions: military operations, terrorist and other acts that are contrary to the law. Insurers rarely agree to include moral hazard in the insurance risk.
Features of the arrangement
Typically, the duration of the agreement is from a year or more. A fairly common practice is to limit the time to the end of the audit activity of the insured. In order to conclude an agreement, you will have to choose an insurer, draw up a written application, indicating all the information about yourself, provide access to documentation on the basis of which the insurer will be able to calculate risks, the price of the policy, the required level of coverage. It is the policyholder's responsibility to provide data on previously concluded arrangements for risk insurance, as well as determine which list of insurance events is of interest, for what period the contract is concluded, on what conditions the parties will cooperate.
After signing the agreement, the client pays for the services of the insurance company and receives confirmation documents. The agreement applies to one case, one client of the auditor. If in the future it turns out that the auditor has hidden important information, the contract is recognized as invalid.
Work as a doctor: its features
A specific feature of such an activity is the possibility of causing damage to the client that is incompatible with life. The insurance program in the field of medicine has become a basic element of social, legal, financial security of specialists.
To make an agreement, you will have to provide documentation confirming the possession of professional skills, information that allows you to work as a doctor or to supervise persons involved in such activities. The occurrence of an insured event is determined by the qualification level of a professional who is forced to work in limited conditions - we are talking about the specific features of the client’s body. Even a highly qualified doctor who faithfully performs all that is required can harm the patient, albeit inadvertently. This can lead to serious consequences, including death. The professional liability insurance of medical workers involves an agreement taking into account the possibility of moral damage.
The particular difficulty of this area lies in constant development: bacteria mutate, technologies are improved, and drugs are being developed. Not always the doctor has access to the latest information, more accurate information, modern equipment. Omission, oversight can be the cause of an irreparable error, while the harm can be different:
Important Nuances
The professional liability insurance of doctors has become especially relevant in recent years, when cases of going to court of patients and their relatives who are dissatisfied with the quality of the service provided in the hospital have become more frequent. A doctor who fulfills his obligations may be punished severely, although in fact the specialist’s fault remains controversial - the circumstances are too complicated. Professional insurance allows you to some extent to ensure safety in this regard.
The insured is an individual, legal entity concluding an official agreement with an insurance company and depositing the amounts laid down under this program in a timely manner and in an agreed manner. More often, the insurers of doctors are institutions in which specialists are employed, but a doctor can choose to conclude an agreement with an insurance company as well, as well as a paramedic, laboratory assistant, nurse.
Insurance aspects
The object of the agreement is the responsibility of a medical field worker to a patient whose health can be damaged by providing specific services, improperly performing manipulations, and failing to make diagnoses. In fact, property, the doctor’s money is insured, since when an insured event occurs, you won’t have to pay compensation “from your wallet”: the insurance company will deal with the patient.
Insurance risks associated with the career of a doctor:
- low quality of the service provided, which caused health problems;
- damage to the health and life of the client through the application of methods associated with increased danger;
- wrong diagnosis;
- incorrectly chosen therapeutic program;
- omission of a prescription for drugs at the stage of patient discharge;
- discharge from the clinic, closing the sick leave ahead of time;
- erroneous instrumental studies.
The list goes on - insurance risks are any actions that provoked death, disability of the patient who used the help of a doctor.
There are many variations
The situations described above are the most typical ones that are often encountered in practice, but often an agreement is needed that governs the rules of professional liability insurance of appraisers, because such persons may be mistaken when rendering services in the chosen profile. Nowadays, any person applying for a certain service understands very well that the contractor must responsibly cope with the performance of duties undertaken by himself, otherwise you can safely claim compensation. Appeals to the court are becoming an increasingly frequent practice, which means that insurance in the future will be even more in demand than today.
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