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  • 1.  commercial general liability versus professional liability, for solo consultant

    Posted 10-18-2024 00:27

    Recently retired from my more-than-full-time "day jobs" and hope to continue with some consulting. I formed a single-member  LLC last year. I plan to bid on an RFP from the organization for which I used to work part-time. The standard verbiage in the organization's RFPs and contracts (I'm familiar with them from the other side, bringing in outside contractors) requires "commercial general liability" (CGL) insurance. As expected, this RFP does too. There is some flexibility for justifying deviations from the RFP's requirements in the narrative part of the submission.

    I am a solo consultant. The LLC has no premises, no employees, and no equipment (well, it does own a large computer monitor for trade shows.) I work from home or at the client's premises. All client meetings are at their premises or online, never at my house. I have professional liability insurance ("errors and omissions") and cyber/data breach coverage. Opinions on whether I should get CGL? From what I understand, and my insurance agent agreed, my main exposures are covered by the E&O and the cyber; the things CGL covers are not really things where the business has much exposure. Thoughts?  Thanks.



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    Christopher Ryan
    Agency Statistical Consulting, LLC
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  • 2.  RE: commercial general liability versus professional liability, for solo consultant

    Posted 10-18-2024 11:16

    Absolutely get the insurance. You and your LLC can get sued for a variety of reasons, not allof which maybe meritorious, but all of which are very expensive to defend. The CGL policy is not that expensive. Better to have it and not need it than to need it and not have it.



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    Nelson Lipshutz
    Regulatory Research Corp.
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  • 3.  RE: commercial general liability versus professional liability, for solo consultant

    Posted 10-18-2024 11:34
    I agree that it's probably unnecessary, but my GL policy was like $500 a year and it was easier to just buy it and add it to an invoice as an expense, rather than haggle over it and risk losing / delaying a project. I drew the line at workers comp though.

    If your project is short enough, a short term policy could save you a decent amount of money - https://www.thehartford.com/general-liability-insurance/short-term-liability-insurance - and  many clients are generally willing to let you expense it.






  • 4.  RE: commercial general liability versus professional liability, for solo consultant

    Posted 10-18-2024 13:48

    I pay $25/mo for a policy with Next Insurance. I don't have the policy because I want to insure myself. I just have it so that I can sign contracts that require that I attest to having insurance. I haven't tried to pass on the cost to anyone. I find that somewhere around a third of my clients have a clause in their standard contract template requiring insurance, and it's more common with larger companies.



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    David Miller
    Principal
    DPM Biostatistics LLC
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  • 5.  RE: commercial general liability versus professional liability, for solo consultant

    Posted 10-18-2024 13:50

    First, get some appropriate coverage. Based on my experience in the pharmaceutical industry prior to retirement, arranging liability insurance may take approximately a month. Having an active policy simplifies the process of demonstrating coverage or increasing the amount if needed.

    Your specific requirements may vary depending on the industry context. During my career in pharma, before I retired, I encountered situations where documentation was necessary. For instance, on two occasions with different firms, I was asked to provide a copy of the articles of incorporation and proof of insurance AND a copy of my corporate letterhead. On another occasion, a major pharmaceutical company required evidence of a specific level of general liability coverage (which I believe was around $1 million) along with a certain amount of auto insurance.  And not an insurance issue. One time a third company required that all contractors/consultants were "hired" by a vendor and paid on a W2. The contracts person was understanding and we agreed on a satisfactory conversion of my consultant hourly rate to a W2 salary rate.

    Caveat Emptor. I am not a legal expert!  My understanding is that one reason for these requirements was to substantiate the status of the contractor as a legitimate consultant, with payment via 1099 rather than W-2. Additionally, I learned that companies were implementing contract policies in response to the "Microsoft decision." This ruling led to clear definitions regarding the roles of contractors and consultants, stipulating that they can only work for a client for a maximum of 18 months. For more details on this ruling, you may refer to the article here: [Microsoft Decision](https://www.reuters.com/article/markets/companies/dont-treat-contractors-like-employees-idUSTRE53063S/
    ).

    Moreover, in Pharma , further insights on liability insurance and indemnification, you may find valuable discussions in the book by Ellenberg, Fleming, and DeMets on the topic.
    https://www.amazon.com/Data-Monitoring-Committees-Clinical-Trials/dp/0471489867



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    Chris Barker, Ph.D.
    Past Chair
    Statistical Consulting Section
    Consultant and
    Adjunct Associate Professor of Biostatistics
    www.barkerstats.com


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    "In composition you have all the time you want to decide what to say in 15 seconds, in improvisation you have 15 seconds."
    -Steve Lacy
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  • 6.  RE: commercial general liability versus professional liability, for solo consultant

    Posted 10-18-2024 16:03

    I'm also launching a freelance consulting business and this discussion of insurance is very timely.

    Might I ask where people are getting professional liability (errors and omissions) insurance?

    Also, are there clauses we can put in our contracts to reduce our liability and hence our insurance rates?  An online insurance form I worked through asked if I included indemnifying clauses or sign-offs in contracts. Sounds great!  Does anyone have experience with that?

    Thanks,



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    Jim Garrett
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  • 7.  RE: commercial general liability versus professional liability, for solo consultant

    Posted 10-18-2024 19:56

    I have a broker who shops around for me. Generally speaking, trying to leverage personal (i.e., individual) insurance agents is not very helpful because they are two different world--ask around professionals whose clients are small businesses (accountants, attorneys, etc.). I was referred to my broker by my attorney.

    Speaking of which, I had my attorney (whose focus is intellectual properties and other techy topics) draft up a Master Services Agreement template when I started. It includes an indemnity clause and a few other protective things. As a practice, in general, I work off MSA with SOWs as attachments when the clients allow it (the vast majority of my clients are corporate clients).

    For anyone looking for tips for starting (and maintaining) a consulting business, check out the guidebook put together by the Consulting Section members a few years ago on the Section webpage. It seems to continue to elude people--it has a lot of information and guidance. Also, for best practices in consulting that covers a lot of the topics including the administrative aspects of the client management, check out ISO 20700 (it is new--the last few years).



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    Michiko Wolcott
    Principal Consultant
    Msight Analytics
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