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  • 1.  insurance coverage for statistical consulting

    Posted 08-07-2019 13:41
    I'm interested in learning what kind of insurance coverage is customary and appropriate for the work of independent statistical consultants.  For example, do you typically carry general liability insurance, errors and omissions, or nothing?



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    Nancy Buderer Consulting, LLC
    Biostatistician, Program Evaluator, Research Consultant
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  • 2.  RE: insurance coverage for statistical consulting

    Posted 08-07-2019 13:53
    I've generally only bought a policy when specifically required to do so by a client, and adjusted my rates up accordingly to cover the premium. 

    Insurance is a decent way to manage risk, but it's not bullet proof - there's always a chance that the insurance company might deny the claim, for example.

    I've been told to treat it as one of several layers you can use, alongside forming an LLC or corporation, and including hold-harmless language in consulting agreements.

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    Neal Fultz
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  • 3.  RE: insurance coverage for statistical consulting

    Posted 08-08-2019 11:47
    Hi Neal,

    In my years of being a CPA, I have yet to see a malpractice insurer deny a claim for a professional I've worked with. That risk is pretty low. Moreover, insurers under a malpractice policy generally have a duty to defend (they have to pay for your lawyer), meaning they're involved from the get-go when a claim is presented.

    Properly crafting your contracts to minimize liability is a great tool to lower risk (and your malpractice insurer would love you for it). In fact, you should have all your contracts reviewed by a lawyer (your own lawyer) before signing them. They can propose language to minimize risk to you.

    Lastly, I should mention that you referred to an LLC or corporation as minimizing liability. That's not really the case for professionals, according to the law I'm aware. A lawyer can expound on it better, but it's my understanding that a professional is still liable for negligence claims even if they operate through an LLC or corporation (see here: https://eminutes.com/incorporating-does-not-protect-you-from-your-own-negligence). The only liability protection you can get from an LLC or corporation is partial: it helps if your employees or agents do something wrong, or if you're sued for boring business reasons (breaking a lease, infringing on a trademark, etc.).

    For a solo practitioner, an LLC or corporation is really more a marketing device than a legal shield or a tax savings mechanism. As you can see, I'm not incorporated for this very reason.

    Best regards,

    Greg

    ------------------------------
    Gregory Csikos, CPA, CFE, GStat
    www.csikoscpa.com | greg@csikoscpa.com

    1229 Chestnut Street PMB 221
    Philadelphia, PA 19107

    P: 215.341.4206
    F: 267.392.6310
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  • 4.  RE: insurance coverage for statistical consulting

    Posted 08-07-2019 14:08
    When I started doing freelance work, primarily scientific writing, I was told that I needed errors and omissions rather than general liability. I didn't have clients that came to my home office and might fall off their chair (ie general liability).  However, it was cost prohibitive for a start up and I've never purchased it. Now that I'm shifting more towards statistical work, I'm curious to see what more experienced statisticians have to say.


    Allison

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    Allison Grove
    Owner/Statistician and Scientific Writer
    AG Research LLC
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  • 5.  RE: insurance coverage for statistical consulting

    Posted 08-07-2019 14:28
    My chief concern about liability insurance , especially errors and omissions, is how difficult will it be to get a claim actually paid,  If a client sues you for $500k,  I doubt the insurance company is going to cut a check for $500k anytime soon.

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    James Loughlin
    J2Logic/Loughlin Consulting
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  • 6.  RE: insurance coverage for statistical consulting

    Posted 08-08-2019 11:57
    Hi James,

    In my years of being a CPA, I have yet to see a malpractice insurer deny a claim for a professional I've worked with. That risk is pretty low. Moreover, insurers under a malpractice policy generally have a duty to defend (they have to pay for your lawyer), meaning they're involved from the get-go when a claim is presented.

    Find an insurance agent that deals with professional liability and see what quotes you can get. Then read the policies (the legal contract between you and the insurer). You'll probably be reassured.

    By the way, Errors & Omissions (E&O) is a British/Commonwealth way of describing professional liability insurance. You may want to use the more American terms "professional liability" and "malpractice" with an insurance agent.

    Best regards,

    Greg

    ------------------------------
    Gregory Csikos, CPA, CFE, GStat
    www.csikoscpa.com | greg@csikoscpa.com

    1229 Chestnut Street PMB 221
    Philadelphia, PA 19107

    P: 215.341.4206
    F: 267.392.6310
    ------------------------------



  • 7.  RE: insurance coverage for statistical consulting

    Posted 08-08-2019 11:52
    Hi Allison,

    I'm going to repeat some of what I said to Nancy, but tailor it a bit to your circumstance.

    Most of my statistical consulting work is done as part of forensic accounting engagements, so my professional liability (malpractice) insurance for my CPA practice covers me in those situations. I get my policy through the AICPA (our trade body) and CNA (a major business insurer) and it covers me for $500,000 per claim / $1,000,000 per year for a $600 annual premium.

    Professional liability insurance is absolutely necessity for any independent consultant. It covers you in the case of professional negligence, which generally is when you don't give the right answer to a client (legally there are more elements to it, but that's the basic situation). It should be relatively affordable. Find an insurance agent that deals with professional liability and see what quotes you can get.

    As you mention yourself, general liability insurance, on the other hand, often excludes professional negligence, so it just covers you from other business risks, such as badmouthing a competitor and getting sued for defamation, or using someone's intellectual property on your website and getting sued for violating copyright, or having a client come to your office and they slip and break their ankle. These risks are rather small (and controllable) for a solo consultant, so I actually don't carry it myself. It's a judgment call, but especially if you have employees and subcontractors (people who can get you in trouble) or you have clients that visit you on-site, you may want to get general liability insurance.

    By the way, Errors & Omissions (E&O) is a British/Commonwealth way of describing professional liability insurance. You may want to use the more American terms "professional liability" and "malpractice" with an insurance agent.

    Best regards,

    Greg

    ------------------------------
    Gregory Csikos, CPA, CFE, GStat
    www.csikoscpa.com | greg@csikoscpa.com

    1229 Chestnut Street PMB 221
    Philadelphia, PA 19107

    P: 215.341.4206
    F: 267.392.6310
    ------------------------------



  • 8.  RE: insurance coverage for statistical consulting

    Posted 08-07-2019 14:56
    I recommend contacting your lawyer for legal advice.  If you decide to go ahead with insurance, shop around.  Premiums for the same policy can vary greatly. 

    Lisa

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    Lisa Kammerman, Ph.D.
    Regulatory Statistics and PRO Consultant
    Kammerman Consulting, LLC
    Chevy Chase, MD
    kammerman.com
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  • 9.  RE: insurance coverage for statistical consulting

    Posted 08-07-2019 15:19
    This is a great question. I have been meaning to do a blog post on it because there was so little info available when I first started shopping 4 years ago.

    I pay a little less than $2,000/year for $2 million in business owners and professional liability insurance. When I started out, my personal lines insurance company (State Farm) would not insure me because my business was less than two years old, so I went with Philadelphia Insurance Companies. I could probably shop around, but they are easy to work with and I'm happy.

    For one year, I also had Unemployment Insurance for a client who required it. I thought our master agreement made quite clear that I had no right to claim unemployment, but I think they'd been burnt before and it was very cheap ($500) relative to the project fee.

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    Susan Buchman
    Faculty Director, Master of Statistical Practice Program
    Carnegie Mellon University
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  • 10.  RE: insurance coverage for statistical consulting

    Posted 08-08-2019 11:26
    Hi Nancy,

    Most of my statistical consulting work is done as part of forensic accounting engagements, so my professional liability (malpractice) insurance for my CPA practice covers me in those situations. I get my policy through the AICPA (our trade body) and CNA (a major business insurer) and it covers me for $500,000 per claim / $1,000,000 per year for a $600 annual premium.

    Professional liability insurance is absolutely necessity for any independent consultant. It covers you in the case of professional negligence, which generally is when you don't give the right answer to a client (legally there are more elements to it, but that's the basic situation).

    General liability insurance, on the other hand, often excludes professional negligence, so it just covers you from other business risks, such as badmouthing a competitor and getting sued for defamation, or using someone's intellectual property on your website and getting sued for violating copyright, or having a client come to your office and they slip and break their ankle. These risks are rather small (and controllable) for a solo consultant, so I actually don't carry it myself. It's a judgment call, but especially if you have employees and subcontractors (people who can get you in trouble) or you have clients that visit you on-site, you may want to get general liability insurance.

    By the way, Errors & Omissions (E&O) is a British/Commonwealth way of describing professional liability insurance. You may want to use the more American terms "professional liability" and "malpractice" with an insurance agent.

    Best regards,

    Greg

    ------------------------------
    Gregory Csikos, CPA, CFE, GStat
    www.csikoscpa.com | greg@csikoscpa.com

    1229 Chestnut Street PMB 221
    Philadelphia, PA 19107

    P: 215.341.4206
    F: 267.392.6310
    ------------------------------