THOUGHT LEADERSHIP 7 min read

THE IMPORTANCE OF
PROFESSIONAL INDEMNITY INSURANCE

Why every professional service provider in Zambia needs protection against claims of negligence, errors, and omissions.

FRA

Flexisure Advisory Team

Professional Liability Specialists

January 2025

K2.5M+
Average professional liability claim in Zambia
67%
Of claims result from client dissatisfaction, not actual negligence
18 MONTHS
Average time from incident to claim filing

In Zambia's growing professional services sector, reputation and expertise are your most valuable assets. But even the most skilled professionals can face claims of negligence, errors, or omissions—sometimes regardless of actual fault. Professional Indemnity (PI) Insurance, also known as Errors & Omissions (E&O) Insurance, provides the critical protection your practice needs to survive such challenges.

1 WHAT IS PROFESSIONAL INDEMNITY INSURANCE?

Professional Indemnity Insurance is a specialised form of liability coverage that protects professionals and their businesses against claims made by clients who allege they suffered a financial loss due to negligent advice, services, or actions. Unlike general liability insurance which covers physical injury or property damage, PI insurance specifically addresses financial and reputational harm arising from professional services.

The policy typically covers:

  • Legal defence costs – Even if a claim is unfounded, defending against it can be expensive
  • Compensation payments – Damages awarded to clients for proven negligence
  • Settlement costs – Sometimes settling is more practical than fighting in court
  • Court attendance costs – Lost income and expenses from legal proceedings

2 WHO NEEDS PROFESSIONAL INDEMNITY COVERAGE?

Any individual or organisation that provides professional advice, services, or expertise to clients should consider PI insurance. In Zambia, this includes a wide range of professions:

Construction & Engineering

Architects, engineers, quantity surveyors, project managers

Financial Services

Accountants, auditors, tax consultants, financial advisors

Legal Services

Lawyers, advocates, notaries, legal consultants

Healthcare

Doctors, nurses, pharmacists, medical consultants

Technology & IT

Software developers, IT consultants, system integrators

Business Consultancy

Management consultants, HR advisors, marketing agencies

"

A single claim of professional negligence can destroy years of reputation building and drain your business finances. PI insurance isn't just about transferring risk—it's about ensuring your practice survives to serve clients another day.

— Flexisure Risk Advisory, Professional Liability Practice

3 WHAT DOES PROFESSIONAL INDEMNITY COVER?

A comprehensive PI policy protects against a range of professional failures and allegations:

Negligence & Errors

Mistakes in professional work that cause client financial loss—miscalculations, incorrect advice, design flaws, or procedural errors.

Omissions

Failure to do something that should have been done—missing deadlines, forgetting to include critical information, or failing to warn of known risks.

Breach of Duty

Violation of professional standards or duty of care owed to clients—conflicts of interest, confidentiality breaches, or failure to act in client's best interest.

Defamation & IP Infringement

Unintentional libel, slander, or intellectual property violations in the course of professional work—especially relevant for consultants and marketing professionals.

Loss of Documents

Loss or damage to client documents, data, or other materials entrusted to you—physical files, electronic records, or sensitive information.

What's Typically NOT Covered:

  • Intentional wrongdoing, fraud, or criminal acts
  • Bodily injury or property damage (covered by general liability)
  • Employment-related claims (covered by employers' liability)
  • Known claims or circumstances before policy inception
  • Insolvency or financial failure of the business itself

4 REAL-WORLD CLAIM SCENARIOS

These scenarios illustrate how professional indemnity claims can arise in everyday practice:

The Architect's Oversight

An architect in Lusaka designed a commercial building but failed to properly specify load-bearing requirements. After construction, structural cracks appeared. The client sued for K3.2 million in repair costs and lost rental income.

PI Coverage: Paid legal defence (K180,000) + settlement (K2.1 million)

The Accountant's Tax Error

An accounting firm incorrectly calculated a client's tax obligations, resulting in underreporting. When ZRA audited the company, they faced penalties, interest, and back taxes totalling K890,000. The client claimed this amount from the accountant.

PI Coverage: Full claim amount + K95,000 legal costs

The IT Consultant's Delay

An IT consulting firm was engaged to implement an ERP system for a mining company. The project was delivered 8 months late with critical functionality missing. The client claimed K4.5 million in operational losses and had to hire another firm to complete the work.

PI Coverage: K2.8 million settlement + K340,000 legal fees

CHOOSING THE RIGHT COVERAGE

1
Assess Your Risk Exposure

Consider the size of contracts you handle, the nature of your advice, and the potential consequences of errors.

2
Choose Adequate Limits

Your cover limit should reflect your largest potential claim, not your average project size. Most professionals need K2-10 million cover.

3
Understand Retroactive Cover

Claims can arise years after the work was done. Ensure your policy covers past work (retroactive date) and has run-off provisions.

4
Review Extensions Carefully

Consider add-ons like loss of documents cover, defamation protection, and court attendance costs based on your specific practice.

5
Work With a Specialist Broker

Professional liability is complex. An experienced broker like Flexisure can help you navigate policy wordings and secure the right cover.

PROTECT YOUR PROFESSIONAL PRACTICE TODAY

Don't wait for a claim to discover you're unprotected. Our Professional Liability team can assess your exposure and recommend the right coverage for your practice.

STAY INFORMED ON RISK MANAGEMENT

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