Certified Public Accountants (CPAs) and accounting firms handle a large volume of numbers and data on a daily basis, and their actions and decisions can have significant financial implications for their clients. As a result, CPAs are exposed to a variety of liabilities that may arise from the performance of their duties. To mitigate this risk, CPAs typically carry professional liability insurance, also known as errors and omissions (E&O) insurance. This type of insurance provides protection against claims of oversight and negligence, such as data entry errors, incorrect tax advice, or failure to maintain appropriate documentation. It covers the legal costs incurred during litigation and settlement, as well as any resulting damages. The cost of professional liability insurance for CPAs is typically less than $45 per month or $500 annually, with a policy limit of $1 million per occurrence and a deductible of $1,000.
Characteristics | Values |
---|---|
What is it? | Errors and Omissions Insurance, also known as Professional Liability Insurance or Malpractice Insurance |
Who is it for? | CPAs, accounting firms, and other accounting professionals |
What does it cover? | Legal costs, litigation, settlement, punitive damages, and payment of damages |
Why do CPAs need it? | To cover damages from errors committed by their firm in providing professional services and to protect the assets of their firm and partners from financial consequences of a claim |
How much does it cost? | Less than $45 per month or $500 annually; median cost per year is $500 with a policy limit of $1 million per occurrence and a policy deductible of $1,000 |
What You'll Learn
CPAs need Errors and Omissions Insurance to cover damages from errors
Certified public accountants (CPAs) and accounting firms deal with vast amounts of data and numbers daily. Their actions and decisions can have a significant impact on their clients' finances. As a result, accounting professionals are exposed to several liabilities stemming from the performance of their roles. For instance, inaccurate financial statements audited by an accountant could result in substantial monetary losses for businesses.
Errors and Omissions (E&O) insurance, also known as professional liability insurance, is designed to protect CPAs and their firms from the financial consequences of errors or omissions in their professional services. This includes coverage for litigation, settlement, and payment of damages resulting from a claim. For example, a single tax claim, which is the most frequent type of claim according to CAMICO, can cost on average $53,000. An E&O insurance policy can help protect CPAs from suffering irreparable damage to their firm and practice due to such claims.
Furthermore, CPAs may face lawsuits not only because of the work they did but also due to disappointment about the outcome of their services or failure to meet client expectations. Even if the accusations are baseless, the time and cost to defend against such claims can be detrimental to a CPA's business. E&O insurance provides coverage for these legal expenses, protecting CPAs and their firms from financial strain.
While some CPAs may believe they do not need insurance because they have a low-risk practice or a good relationship with their clients, the reality is that anyone can be sued, and friendships can quickly sour when money is involved. Without insurance, CPAs put not only their practice at risk but also their personal assets and family.
In summary, CPAs need Errors and Omissions Insurance to safeguard their business and personal assets from the financial repercussions of errors or omissions in their professional services. By having adequate insurance coverage, CPAs can focus on serving their clients without the constant worry of potential lawsuits and financial ruin.
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It also protects assets from financial consequences of claims
Errors and Omissions (E&O) insurance, also known as professional liability insurance, is a type of liability insurance that covers claims against a business for mistakes made or services not provided. It is an essential protection for any business that offers professional services or advice, including CPAs.
E&O insurance protects a business's assets from financial consequences in the event of a claim. It covers the costs of legal fees, damages, and settlements, which can be extremely expensive and detrimental to a business. Without this insurance, a business may have to pay these costs out of pocket, potentially causing irreparable financial damage.
For example, a CPA firm may provide inaccurate financial advice to a client, resulting in significant financial losses. The client could then file a claim against the firm. E&O insurance would cover the legal costs, including attorney fees, court costs, and any settlements or judgments awarded to the client.
The cost of E&O insurance varies depending on the size and nature of the business, but it is generally worth the investment to protect against potential financial losses. It is important to note that E&O insurance does not cover criminal activity, property damage, bodily injury, or employee injuries caused by their work.
By carrying E&O insurance, CPAs can protect their assets and reduce the financial impact of potential claims, ensuring the long-term viability of their practice.
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CPAs can be sued for unsatisfactory work or poor advice
Accounting malpractice refers to an accountant's actions that fall below accepted professional standards and result in financial harm to a client or business. This can include errors or omissions in the preparation of financial statements or tax returns, or poor advice that leads to financial losses. CPAs are expected to act responsibly and professionally in all aspects of their work, including exercising due diligence when preparing financial documents and avoiding conflicts of interest.
To win a negligence case against a CPA, the plaintiff must prove that the accountant owed them a duty of care, breached that duty, and caused them financial damages. This can be demonstrated through expert testimony, evidence of financial losses, and other relevant documentation. CPAs can also be sued by third parties who were injured due to their negligence, as seen in the case of Baptist Foundation of Arizona (BFA) where investors were the injured third party.
Additionally, CPAs can be sued for breach of contract if they fail to fulfill their contractual obligations to provide specified services, resulting in losses for the client. In such cases, the client may recover the amount paid in fees and any actual damages incurred.
Professional liability insurance, also known as errors and omissions insurance, is crucial for CPAs to protect themselves and their firms from the financial consequences of potential claims and lawsuits. This insurance covers damages resulting from errors or omissions in providing professional services and can safeguard the assets of the firm and its partners.
- A CPA issued a report confirming unverified assets for a client's new insurance company investment. The assets turned out to be a scam, and the firm was sued by the state insurance board.
- A CPA advised a busy restaurateur to use an intermediary for a 1031 exchange, but the client accidentally accepted cash, generating a tax bill of nearly $1 million. The jury found the CPA's advice unclear and awarded the client $250,000.
- A CPA's laptop, containing personal information for employees of a company, was stolen after the CPA left it at home and went out for dinner.
- A divorcing couple, who were both clients of the CPA, claimed that the CPA favored the husband when helping them value and divide their businesses during their divorce proceedings.
- A CPA firm performed a fraud audit for a struggling corporation that already owed them money. When further problems were found, the company owner sued, claiming the firm should have initially detected the fraud.
- A CPA recommended an investment advisor who suggested a Ponzi scheme, resulting in significant losses for the client. Both the advisor and the CPA were sued.
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Lawsuits are expensive, even if the claim is frivolous
Certified Public Accountants (CPAs) need to carry errors and omissions insurance to protect themselves and their firms from the financial consequences of a claim. This type of insurance, also known as professional liability insurance, covers the costs of client lawsuits, even if the claim is frivolous.
Lawsuits are expensive, and a single claim could do irreparable damage to a firm in the long term. Even if a CPA believes they have a low-risk practice, the most frequent claims are tax-related and cost on average $53,000. A CPA may think they won't get sued by their clients, especially if they have a good relationship with them, but money can sour relationships and lead to lawsuits.
Without insurance, a CPA is putting their practice and their family at risk. Even if a CPA believes they follow all the rules and regulations and don't make mistakes, a client may still sue due to disappointment about the outcome of the CPA's services or failure to meet their expectations. Defending against such claims can be costly and time-consuming, impacting a firm's bottom line.
Errors and omissions insurance can help cover legal fees and other expenses incurred during a lawsuit. It protects CPAs and their firms from financial ruin, even if the claim is unfounded. The insurance covers professional mistakes, failure to deliver promised services, and accusations of negligence. It is essential for CPAs to have this type of insurance to mitigate the risks associated with client lawsuits.
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CPAs can be sued for failure to deliver promised services
Certified Public Accountants (CPAs) can be sued for failure to deliver promised services. CPAs have a duty of care to their clients and third parties who rely on their work. They can be sued for negligence, malpractice, or fraud in the performance of their duties. CPAs may also be held liable for damages based on common law, statutory law, or both, depending on the jurisdiction. Common law liability arises from negligence, breach of contract, and fraud, while statutory law liability is the obligation that comes from a statute or law applied to society.
CPAs can be sued by clients or third parties for professional negligence, also known as the tort of negligence, which is a wrongful act, injury, or damage that can be brought to civil action. Ordinary negligence is defined as a failure of duty in accordance with applicable standards, while gross negligence is the lack of concern for the likelihood of injuries. CPAs can also be sued for breach of contract if they fail to perform what they stated in the engagement letter and the client suffers damages. In addition, CPAs can be held liable for fraud, which is defined as a misrepresentation of material facts with the intention of misleading the other party, resulting in injury.
To protect themselves from legal claims and lawsuits, CPAs may carry professional liability insurance, also known as errors and omissions insurance. This type of insurance covers damages from errors committed by the CPA firm in providing professional services and protects the firm and its partners from financial consequences. However, some CPAs choose not to purchase this insurance because they believe they don't need it or won't get sued, which puts their practice at risk.
CPAs should be aware that even if they follow all the rules and regulations, they can still be sued by clients who are disappointed with the outcome or feel that their expectations were not met. The time and cost of defending against such claims can impact the firm's bottom line, making professional liability insurance crucial for protection.
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Frequently asked questions
CPAs and accounting firms deal with large amounts of data and numbers daily, and their actions and decisions can have a significant impact on their clients' finances. Errors and Omissions Insurance, also known as Professional Liability Insurance, protects CPAs from financial losses in the event of lawsuits arising from oversight, negligence, or errors in their work.
Errors and Omissions Insurance covers legal costs and expenses incurred during litigation and settlement, including attorney's fees and court costs. It also covers damages from errors or omissions in providing professional services and protects the firm and partners' assets from financial consequences.
The cost of Errors and Omissions Insurance, or Professional Liability Insurance, for CPAs is typically less than $45 per month or $500 annually. The cost is determined by business risk, the number of employees, and other factors.