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  • 1.  Professional Liability Insurance

    Posted 01-13-2014 17:31
    Just starting my consulting business and I would like to hear from others about their experiences obtaining Professional Liability Insurance (aka malpractice insurance): (a) is it needed? --- I'd assume yes; (2) how much insurance coverage is necessary/recommended? --- I'd assume $1M is a minimum(?); (3) anybody aware of any "group" coverage sponsored through ASA or other organizations, for example that might reduce the cost of premiums; and (4) experiences with different insurance brokers --- replies on this latter topic should probably be discussed separately via direct email.

    Thanks-Allen
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    Allen Bingham
    Biometrician
    Bingham Statistical Consulting
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  • 2.  RE:Professional Liability Insurance

    Posted 01-13-2014 18:00

    Hi Allen:

    I had asked ASA to take the issue of "group insurance" on as a PStat benefit, but have not heard back.  Our insurance broker does not think a pool would lower premiums as they associate "risk" with income - so the more you make the more you pay. You have to check your own risk tolerance to see if you believe it is worth paying, and also know your clients - are they litigious or not . I am in the pharma sector and the E&O is up near $10K annually - and we have all accredited staff and full SOPs with training records - which they don't seem to think is worth anything.

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    Janet McDougall
    President
    McDougall Scientific Ltd
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  • 3.  RE:Professional Liability Insurance

    Posted 01-13-2014 18:46
    Please check out the thread RE:Errors and Omissions Insurance for Statistical Consultants from May 2013.  I recently sought professional liability insurance for my role as an independent consultant.  I searched back through previous threads and found the  message quoted below. I ended up joining AHIMA and the rates are incredibly reasonable.  Hope this helps.  I have a document with all of the commentary on the issue if anyone would like to review it. Best of luck to you.
    "I found very reasonable rates at Marsh, but first I had to join an organization which has group rates with them. The organization is the American Health Information Management Association (www.ahima.org). The benefits page at that website gives the Marsh phone as 800-503-9230."
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    Alexandra L. Hanlon
    Associate Research Professor
    University of Pennsylvania
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  • 4.  RE:Professional Liability Insurance

    Posted 01-13-2014 19:40
    Replying to my own post --- as an apology to the group: before posting my question I had conducted a search of the Statistical Consulting Section Egroup postings (using "insurance" as a search term), and for some unknown reason came up with no hits --- strangely enough after getting a few replies here and also directly to my email, I conducted the same search again and got many-many-many hits from discussions in the past. In particular one conversation with 24 replies that was posted 3 years ago really gave me all I needed to know on this topic.

    Regardless, thanks to those of you have already replied, your insights are greatly appreciated.

    ... and sorry again for this repetitive posting.

    Allen




  • 5.  RE:Professional Liability Insurance

    Posted 01-13-2014 22:31
    Allen, when I started 13 years ago we didn't have any -- and did fine for years.  Slowly it started showing up in contracts -- which I was able to get removed.  Then we got a big enough contract that we really had to have it.  Interestingly, the contract wanted us to have $5M in coverage which no insurance company would give us.  I was able to get the value down in the contract, but it is common we are asked to cover $1M per occurrence and $2M total (which is the coverage we have).  Errors and omission insurance.  Also had to take the time to explain to insurance we were NOT involved in clinical trail running or caring for patients -- but in the design of trials.  I think we originally paid about 5K/year... now we have higher revenues, more business and pay about $10K/year.  We have never used it.

    If I were on my own I wouldn't get it.  But we now have double-digit employees and it is a must.  We used a broker I knew from town -- he shopped around to get a policy.  Yearly renewals, lots of paperwork.

    --Scott


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    Scott Berry
    Berry Consultants
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  • 6.  RE:Professional Liability Insurance

    Posted 01-15-2014 10:29

    By way of background, 2014 marks my 21st year in an independent consulting practice doing
    business as a sole proprietor.  Most of my practice has dealt with issues of environmental
    compliance and remediation on behalf of major corporations in the chemical, steel and nuclear
    industries. 

    I do not carry professional liability insurance nor have I ever felt the need to do so.  Several of
    the attorneys that I have had the privilege of working with have told me that professional liability
    insurance was not necessary for what I do.  Further, the company that carries my business and
    personal insurance does not write professional liability insurance for statisticians.

    That being said, it has become difficult for me to work directly for companies as their purchasing
    departments have become increasingly risk adverse over the past 21 years.  When the
    professional liability insurance issue can not be resolved via agreement modification there is
    usually a work around.  In my case, the company either directs their major environmental
    services contractor to retain my services or I am retained by outside counsel.

    An independent consultant-chemist colleague of mine has proposed that when all else fails,
    invoice the client for the policy premium.  Make it the first line item on the first invoice and
    make it clear that you won't start working on their problem until the invoice is paid and you have
    the required professional liability insurance. 

    For those uninitiated, professional liability insurance is not the same as business liability
    insurance.  Business liability coverage is a part of a general business policy and covers bodily
    injury, property damage and, personal and advertising injury.

    Doug

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    Douglas Splitstone
    Principal
    Splitstone & Associates
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  • 7.  RE:Professional Liability Insurance

    Posted 01-15-2014 16:27
    For professional liability insurance, I can recommend Tech Insurance (http://www.techinsurance.com/), a broker who specializes in that sort of coverage. Their rates are good. The service is good. I get all my work-related insurance through them.

    My large clients require professional liability insurance. (The small clients don't care.) I simply pass the cost through to them in the form of a premium over my normal rate. They know why I charge more to larger clients, and they are OK with that.

    In my case, I need the coverage because I'm writing software in R and Python. That software goes into production systems. Until I can write perfect, bug-free code, I'll need protection from the damage I can create. It's harder for me to see why pure statistical work (no software) could create risk for you and/or your clients. But I'll bet something could go wrong. That's why there's insurance.

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    Paul Teetor
    Quantitative Developer
    Elgin IL United States
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  • 8.  RE:Professional Liability Insurance

    Posted 01-17-2014 12:15
    Hi all,

    I'm in my 18th year as an independent, incorporated, statistics consultant working primarily with the pharmaceutical and biotech industries. I DO have professional liability insurance at the recommendation of my attorney (I have access to a business attorney). The reason is that since I work with medical data as an agent for a pharma / biotech company, I can be sued by anyone who sues my client. I'd be "guilty by association" and without being incorporated and without liability insurance I could lose everything, including my home and other personal belongings. If a mistake is made, either by me directly or by someone else but I'm aware of it, I could be held liable. The insurance is protection. 

    Of course, it's up to everyone to decide whether to get it or not. Its an expense I'd rather not have, but if I ever find myself in a situation of need, I'll be glad its there!

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    Nestor Rohowsky
    Integrated Data Consultation Svcs, Inc.
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  • 9.  RE:Professional Liability Insurance

    Posted 01-17-2014 12:22

    Hi Allen

    I have professional liability insurance, errors and omissions insurance, for 1 million.  I'd recommend you get some especially if you are working for pharma, medical devices, etc. My insurance is covered by a private agency. 

    I'd be happy to give you more details about my carrier or any other information you want to pick my brain on if you want to contact me directly.  I've been doing it on my own since 2006 and I love to keep company with colleagues. I don't see other consultants as competition. There is more than enough work for all of us.  And it is sure nice to be able to have a conversation with someone else about the work I do without seeing their eyes glaze over :)

    Best,

    Elaine
    elaine@omegastatistics.com
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    Elaine Eisenbeisz
    Owner and Principal Statistician
    Omega Statistics
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  • 10.  RE:Professional Liability Insurance

    Posted 01-15-2014 14:06
    Just a quick anecdote. I had a client who asked for liability insurance in their contract. I don't have such insurance, and I might have gotten it except that the work was presenting some introductory classes in Statistics via a webinar. What's the liability here, presenting a confused explanation about p-values?

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    Stephen Simon
    Independent Statistical Consultant
    P. Mean Consulting
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