4 Types of Compulsory Insurance for Singapore Businesses

types of compulsory insurance for business

4 Types of Compulsory Insurance for Singapore Businesses

Do you run a business? Ever wonder what types of insurance are required by Singapore law? We’ve put together a list of the 4 types of compulsory insurance for businesses in Singapore.

#1. Work Injury Compensation Insurance (WICA Insurance)

work injury compensation act guide

It is legally required under the Work Injury Compensation Act to have WICA insurance for the following worker types:

  1. Any employee earning below $2,100/month (will change to $2,600 from April 2021)
  2. Any employee performing manual labour, regardless of salary
  3. Any employee hired under the SG United training programme

If your employees fit into any one of the above categories, you must buy WICA insurance to cover them. If you don’t buy WICA insurance as legally mandated, you can be jailed for up to 12 months, and/or fined up to $10,000.

Given the significant wage subsidies offered by the government under the SGUnited programme, many companies are now looking for WICA insurance as part of the hiring requirements.

WICA insurance will cover your business against employee injuries or sickness that’s related to work. For example, let’s say you run a restaurant. One of your cooks accidentally burns themselves while on shift. WICA insurance will cover the medical expenses related to treating the burn, and cover the lost wages while your cook is hospitalised or on MC. Singapore law requires employers to compensate their staff for work-related injuries/sickness. If you didn’t have WICA insurance in this case, you would have to pay for these expenses out of your own pocket!

Given the high costs of medical treatment, such costs can have a severe impact on most SMEs finances, and even bankrupt entire companies. That’s why WICA coverage is a type of compulsory insurance for higher-risk occupations (i.e. manual workers), because it’s much more likely these workers will get injured and have to be compensated. This is also why it’s so important for employers to insure all their workers, beyond those that are legally required to be covered.

Get a quote for WICA insurance online & buy in 3 minutes, from just $5/month.

#2. Commercial Property Insurance

commercial property insurance

If you rent the premises, your landlord may require you to maintain commercial property insurance as part of your lease agreement. Commercial property insurance is a crucial basic cover because it protects you against common and major hazards like fire, explosions, water damage, etc.

If you own a commercial building and have a mortgage on the property, then your bank will require you to have fire insurance. This is because if the building gets destroyed, the insurance company can compensate you, and you can use this money to repay the bank loans since you won’t have a property to generate cash. Not having fire insurance on a property would be highly risky for both property owners and lenders.

Commercial property insurance protects you against a wide variety of risks: fire, water damage, burglary, vandalism, etc. It’s a highly affordable cover that all renters and owners of commercial spaces should carry at all times.

Buy commercial property insurance online in 3 minutes, from just $9/month.

#3. Public Liability Insurance

public liability insurance

Source: AsiaOne

The short answer to the headline above: yes, you can be held liable! And if you are held liable, you’re going to want public liability insurance to deal with the massive costs coming your way.

Public liability insurance is often mandated by landlords or project tenderers. Landlords will often require businesses that are operating in their space, or performing renovations, to undertake public liability insurance.

If your work involves a risk of damaging someone else’s property or causing injuries to other people, then your clients may require you to carry public liability insurance as part of your contract. Some industries where this is standard are engineering, manpower contractors, construction, and interior renovation.

Here are some business situations and industries where public liability insurance will very often be mandatory:

  1. Leasing a commercial space from a landlord:

Public liability insurance is often mandated by landlords when renting commercial spaces. This is particularly common for F&B and retail spaces. Landlords will often stipulate that leasees will have to carry a specific amount of public liability cover. The purpose of this is to ensure that leasees will be able to shoulder liability that comes from any injuries or property damage that occurs to third-parties in your premises. A common example of this would be liability that comes from property damage during renovations. Without insurance, such liability would be very expensive to handle. Make sure to check your lease agreement to ensure that you are in compliance with your landlord’s requirements.

  1. Engineering and inspection services: Public liability insurance is often required by clients, as engineers and inspectors will frequently perform work at client sites, or handle the client’s property.
  2. Manpower supply services: Public liability insurance is often required, as the supplied labourers may accidentally injure people or damage property while working.
  3. Construction companies: Public liability insurance is often required by clients. Is often offered in an insurance package called Construction All Risks (CAR) cover.
  4. Interior renovation companies: Public liability insurance is often required by clients. Is often offered in an insurance package called Construction All Risks (CAR) cover.

Public liability insurance covers the following:

  1. Injuries/property damage to third-parties (e.g. customers, members of the public)

Public liability insurance pays for the following:

  1. Lawyer’s fees if you get sued for property damage/injuries to third-parties
  2. Damages awarded by the courts

Buy public liability insurance online in 3 minutes, from just $9/month. .

#4. Shipping Insurance (A.K.A. Inland Transit Insurance / Marine Cargo Insurance)

marine cargo insurance

If the shipping terms you offer to customers (Incoterms) are either CIF (Cost, Insurance, Freight) or CIP (Carriage and Insurance Paid), then you have to buy shipping insurance for your goods. Under these terms, your shipping insurance should cover the goods from the point of origin to the customer’s doorstep.

If you’re shipping goods within Singapore only, you should get an Inland Transit insurance policy. This will cover your goods against loss or damage while being transported. Inland transit policies are arranged on an annual basis, which means you don’t have to apply for a new policy with every shipment. You just need to purchase it once, and all your shipments are automatically covered. This makes it convenient for sellers to protect their goods quickly and affordably.

Get inland transit insurance quotes here.

If you’re shipping goods internationally, you should get an Marine Cargo insurance policy. Despite its nautical connotations, Marine cargo insurance will cover goods shipped internationally via air, sea, and land. With all the different things that could go wrong during shipments – like broken goods or lost items – insuring your cargo is vital.

Get marine cargo insurance quotes here.

Which insurance broker should I use for these types of compulsory insurance?

If you’re getting any of these 4 types of compulsory insurance for your business, make sure to choose Provide as your preferred SME insurance broker. Provide’s online platform creates lower overheads, so we pass every dollar saved back to you. Save up to 25% on your premiums with us, and get access to experienced insurance veterans for advice tailored to your industry.

Click the links below to buy your coverage online in just 3 mins:

CoverageExplanationPremium
Commercial Property InsuranceCovers property damage from fire, explosions, certain types of water damage, etc.

 

Covers building structure, renovations, fixtures & fittings, equipment, & more.

From $12/month

 

Public Liability InsuranceCovers lawsuits related to injuries or property damage to third-parties (e.g. members of the public).From $9/month
Work Injury Compensation Insurance (WICA Insurance)Covers your employees from work-related injuries/sickness, including Covid-19.

 

Pays up to $45,000 medical expenses per worker.

From $5/month, per worker

4 Best Tips On Architects Professional Indemnity Insurance

architects professional indemnity insurance

4 Best Tips On Architects Professional Indemnity Insurance

You run an architectural practice. You design beautiful buildings that are just as much works of art as they are places for people to live, eat, play, or work. Although your responsibilities lie primarily in designing elegant buildings for clients, there are also serious legal responsibilities that come along with being an architect.

Architects must shoulder onerous legal duties for delivering designs that are free from defects or faults. If architects produce designs with defects, and these structures are then built, clients and other parties may suffer economic losses. Defective designs may even result in unsafe structures, causing either injury to people or damage to surrounding property.

This is where architects professional indemnity insurance comes into play. An architects liability insurance policy essentially protects architects against negligence, errors & omissions, and other mistakes that result in them being sued.

#1. What does architects professional indemnity insurance cover?

Architects professional indemnity insurance covers:

  1. Negligence: You accidentally planned dimensions of certain parts of the building wrong, causing delays
  2. Errors and omissions: You forgot to include certain design or structural requirements into your blueprints. These errors were only discovered after construction. Fixing the problem will involve tearing down certain structural features and rebuilding them at a cost of $50,000. You can be held liable for
  3. Defamation: This is not specific to architects, but is a general feature of professional indemnity insurance. If you are sued for libel or slander, this policy will protect you.
  4. Sub-contractor errors: If you contract any work out (e.g. designs, blueprints), any errors that are made by your sub-contractors are also covered. This is incredibly useful because you are covered for other people’s mistakes.

What does architects professional indemnity insurance pay for?

Architects professional indemnity insurance pays for:

  1. Lawyer’s fees
  2. Damages or settlements awarded by the courts

#2. Why is professional indemnity insurance so important for architects?

There are two simple reasons:

  1. If there are defects in the building, it doesn’t matter who’s actually at fault. Most of the time, everyone involved in constructing the building gets sued together.
  2. You won’t survive the cost of a lawsuit without architects insurance

Architects can get sued either directly by the client, or much more commonly as part of a broader lawsuit targeting all related parties in a construction project: the developer, the construction company, the engineers, the surveyors, and the architects. These “dragnet” lawsuits are very common when there are defects in the final works.

As for the cost of surviving the lawsuit, most architects have a high risk of going bankrupt in the event of a lawsuit.

Sample cost schedule if you get sued
Annual cost of lawyer’s feesApprox. $100,000
Typical length of lawsuit1-3 years
Sub-total legal fees$300,000
Damages awarded$100,000 to over $1 million
Total cost (legal fees + damages)$400,000 to over $1.3 million

 

There is no “typical” length or cost to a lawsuit – these two variables will move widely depending on factors like the severity of the architect’s negligence, the damages involved, etc.

What can be established, however, is a reasonable baseline estimate for what you might have to pay if you were sued as an architect. Even if the case is not complex, lawsuits can easily drag on for years as both sides battle back-and-forth. We can assume a conservative annual cost for lawyer’s fees to be $50,000. A lawsuit that takes 3 years to settle would cost you $300,000. And these are just lawyer’s fees alone – they haven’t even taken into account the damages you have to pay if you lose the suit.

This is why even a $1 million policy is not as generous as most people think. A million dollars may sound like a lot, but when you actually get thrown into a lawsuit, most insureds quickly find that cool million dollars isn’t really enough to cover their rapidly mounting costs.

The essential point is this: could you imagine bearing these costs out of your own pocket? How much savings do you have? Would you be willing to sell your car, mortgage your home, borrow from friends and family, to fund your own legal defense?

The most dangerous thing about architects’ liability is that you don’t even have to be guilty of whatever the person is suing you for. You could well be innocent, but you still have to hire a lawyer to prove that innocence. Freedom, unfortunately, is not going to come free. And while your lawyer is arguing your case in front of the court, you’ll still have to pay your legal team their fees so you don’t end up losing the case.

Most architects think that as long as the don’t make mistakes, they won’t get sued. What most architects forget is that if there are defects in the building, clients will often sue all the parties involved in the construction of the building: from the architects, to the surveyors, to the construction company. It is incredibly common for architects to get dragged into these lawsuits by nature of association. Your blueprints and designs may be perfect, but if there are even apparent faults in the building, your clients are not going to care if you’re not responsible. You are going to end up having to defend yourself in court, and this defence could very well bankrupt you if you don’t have liability insurance.

#3. What are some lawsuits that architects in Singapore have faced?

architect lawsuit

Source link here.

The above case which made headlines in The Straits Times is a great example of how architects will often get dragged into lawsuits. In 2016, residents of The Seaview condominium, located in the East region of Singapore, sued four parties for a host of supposedly defective works in their building.

Architects will face such lawsuits very commonly. So you see, it doesn’t actually matter whether you’ve done your job as an architect flawlessly. All it takes is for the developer or the construction company to make a few mistakes (and such mistakes are highly likely to occur), and all the parties who were involved in the construction of the building get slammed with a lawsuit together.

Even if you’re innocent, it’s going to cost a lot of money to prove that innocence in court!

#4. Use an online insurance broker to save money

Using an online insurance broker, like Provide, will help you to save up to 25% on architects liability insurance. Traditional agents/brokers have higher overheads, which are ultimately passed onto you in the form of higher premiums. Given the current economic climate, it’s highly recommended for businesses to try to cut down on expenses wherever possible.

Provide’s online insurance services are the perfect way for architects to reduce the amount they have to spend on professional indemnity insurance.

Where can I get architects professional indemnity insurance?

Provide is the best place to get architects professional indemnity insurance. With Provide, you’ll save up to 25% on architects liability cover. Because we’re a digital platform, we have lower overheads, so we pass every dollar saved back to you.

Provide’s expert team has over 20+ years of experience protecting companies of all sizes – from large multinational companies to small businesses.

 

 

What is a Retroactive Date in Professional Indemnity Insurance?

retroactive date meaning in insurance

Last updated: 14 May 2022

If you’re taking up professional indemnity insurance coverage, you’ve probably heard of the term “retroactive date” when arranging your policy. It’s a very important part of any liability insurance policy, so if your agent/broker didn’t walk you through what it means, maybe it’s time to switch to a better broker. (Hint: we’re really good at what we do.)

A retroactive date is the date from which your business has had uninterrupted professional indemnity insurance. From this date onwards, all liabilities you incur (subject to your policy’s wording, exclusions, etc.) will be covered by the insurer, no matter how far in the past they happened.

This means that if you’ve held continuous professional indemnity insurance coverage (with no lapses in coverage) from the day you started your business, you’ll be covered for all the years of services that you’ve provided in the past. So, even if you a lawsuit arises from work you did 10 years ago, you’ll be covered – as long as you didn’t have breaks in coverage!

If, however, there was a period of time when you did not hold professional indemnity insurance (for example, you cancelled your policy following the end of a contract or chose not to renew it), you will only be covered for work since the start of your new insurance policy.

What is the purpose of retroactive dates in professional indemnity insurance?

Retroactive dates are meant to exclude coverage for claims that arise before you bought professional indemnity insurance. They also function as a powerful incentive to keep your professional indemnity coverage continuous, because you’ll be covered for liability that might have occurred long ago but has only recently resurfaced to haunt you.

Retroactive dates are found in all professional indemnity insurance policies. This is because professional indemnity insurance is issued on a “claims made” basis (“claims made and reported” is the full technical term). This means that your policy will protect you from claims you make with your insurer while your policy is active, even if the event you’re claiming for events occurring before you bought your current policy.

What are the requirements to filing a claim under a “claims made” Professional Indemnity policy? There are 3 essential requirements:

  1. You must have had coverage when the incident occurred
  2. You must have coverage when you’re reporting the claim to the insurer
  3. There can’t be lapses in coverage between the incident date and the reporting date

What are examples of how retroactive dates work?

Retroactive Date Example #1:

Let’s say you run a financial advisory firm. You provide M&A advice to a client. The deal closes and you move along, happy to have collected handsome fees. You had professional indemnity insurance during this period.

Right after the deal closed, you saw no need to continue paying for professional indemnity coverage. You allow the policy to lapse, and then buy a new professional indemnity policy later on.

However, several months after the deal closes, your client comes back to allege that you provided negligent advice on their deal. You file a claim with the insurer. Unfortunately, the insurer notifies you that you aren’t eligible for coverage, because you’ve had interruptions in your liability coverage. Your retroactive date is after the date of the incident you’re being sued for. Unfortunately in this case, you’ll have to pay for your own legal costs and damages – which are likely to be hundreds of thousands (or even millions) of dollars. If you had instead chosen to maintain your professional indemnity insurance, you would have been protected and the insurer would have stepped in to pay the costs for you.

Retroactive Date Example #2:

You run a construction company. In 2018, you finish a big project for a client. In 2022, this client discovers structural issues with the building. With the help of a building inspector, they determine it was your employees’ shoddy work that caused these structural instabilities. Your client sues you for negligence. You have held uninterrupted liability cover from 2018 to 2022.

When you file a claim with the insurer, you’ll be covered. Because you’ve held continuous liability cover, your retroactive date will be before the claimed incident. You won’t have to pay for legal costs out of your own pocket.

What are the different types of retroactive dates?

There are 2 main types of retroactive dates that you can request when purchasing professional indemnity insurance.

Type 1: Unlimited Retroactive Date

If your policy states that you have an unlimited retroactive date, it means that you will be covered for all work you’ve performed, regardless of how long it was done. You must still maintain active professional indemnity insurance to enjoy protection, but the insurer will not impose a time limit on the work that was done, even if it was a long time ago (e.g. 10 years ago).

Professional indemnity insurance policies with an unlimited retroactive date will cost more than policies with a specific retroactive date.

Type 2: Specific Retroactive Date (e.g. 1 January 2022)

If your policy contains a specific retroactive date, this means that liability for any work you performed before that date (e.g. 1 January 2022) will not be covered.

Specific retroactive dates are more commonly seen than unlimited retroactive dates.

How do retroactive dates work if I switch insurers?

Some insurers will provide you retroactive coverage even if you’re switching from another insurer, as long as you’ve held continuous coverage. However, other insurers will require that you’ve held continuous coverage with them only. This is completely dependent on the insurer you choose. If you’re shopping for a new professional indemnity policy, and you’re unsure which of these terms will apply, make sure to speak with an insurance broker – they’ll be the best person to assist you.

Send us an email at [email protected], or call us at +6588747011, if you are looking to switch Professional Indemnity insurers, and need advice on transferring your retroactive date.

How should I protect myself from liability for past work?

Easy: ensure your professional indemnity insurance is active at all times. Don’t let your cover lapse. Make sure you renew your policy. Although you might see it as an unnecessary expense, the amount you’ll pay for renewing your policy each year is much smaller compared to what you’d pay to defend a lawsuit. Many legal claims aren’t filed immediately against businesses – clients often don’t discover the negligence right there and then in the middle of busy projects. In fact, many claims against your business will happen several months, or even years, after the alleged negligent act occurred.

Always remember: Because retroactive dates function as a coverage cut-off point, dropping liability coverage for even one single day could cause you to lose all lawsuit protections if you get sued in the future. Without prior coverage for past work, you’ll be left completely exposed when your client’s lawyers come knocking at your door. You think you might be able to save a few thousand dollars, but you could very well instead be left with a legal bill for hundreds of thousands (or even millions of dollars). Professional liability is serious, and if you’re not careful could permanently damage the business you’ve worked so hard to build. Maintaining continuous coverage is something business owners must take very seriously!

How long should I keep professional indemnity insurance active if my business is no longer around?

It really depends on what kind of business you used to run.

Businesses that are exposed to large amounts of potential liability, like construction-related businesses, may need to keep professional indemnity insurance active for many years (e.g. 5 years or more) even after they stop operating their company. This is because structural defects that can result in lawsuits commonly occur only years after the project is completed. An architect or construction contractor could complete a project successfully, but get sued only 5 years later when defects in the building start showing up.

In general, a rough rule-of-thumb would be to keep your professional indemnity insurance active for at least 3 years after you’re no longer running your business. A minimum of 3 years strikes a balance between maintaining protection and maintaining a reasonable amount of insurance expenditure. If you understand the severity of legal costs enough to purchase professional indemnity insurance in the first place, then ensuring you renew your policy even after your business closes should be a natural thing to do. The last thing you want is to close your business, retire into the sunset (or start another business), and then find legal papers being served onto you without having any insurance protection!

Where can I get great professional indemnity insurance?

You can buy Professional Indemnity Insurance on our website, within 3 minutes. Simply fill in the details below, and you can get your policy in a few clicks.

What’s the difference between Public Liability and Professional Indemnity?

difference between public liability and professional indemnity insurance

What’s the difference between Public Liability and Professional Indemnity?

Public liability is used to protect businesses from third-party lawsuits due to injury or property damage caused by your business operations. Professional Indemnity is used to protect businesses from client lawsuits due to services they’ve provided.

Public Liability vs Professional indemnity Coverage
CoveragePublic Liability InsuranceProfessional Indemnity Insurance
Physical injury or property damage to third-parties (e.g. customers, members of the public)YesNo
Professional errors & omissionsNoYes
DefamationNoYes

 

Here are real-world public liability vs professional indemnity claims examples, which will illustrate the differences in more detail:

Example CompanyPublic liabilityProfessional indemnity
Construction firmYou’re constructing a building, and accidentally damage surrounding properties.

 

You’re liable to the property owners for the damage you caused them due to your business operations.

You’re constructing a building, and your workers do a shoddy job causing structural instability.

 

You’re liable to your client for financial losses you caused them due to your negligence/errors/omissions.

Doctor’s clinicA patient slips and falls in your clinic, injuring themselves.

 

You’re liable to the patient for their injury, since it was caused by your business operations.

Your medical advice worsens the patient’s condition.

 

You’re liable to the patient for causing them bodily harm due to your negligence/errors/omissions.

Financial services firmYou post some advertising signboards in public. One of your signboard falls on a pedestrian, injuring them.

 

You’re liable to the pedestrian for their injury, since it was caused by your business operations.

You trash a competitor with exaggerated claims about how bad their business is.

 

You’re liable to the competitor for defamation.

 

In each of the above scenarios, this is how each type of insurance would respond to protect your business against legal liability:

  1. Public Liability Insurance: This policy would protect you from the legal fees and damages awarded to your injured client. Some public liability policies will also have Food & Beverage extensions, which will cover food poisoning caused by your business.
  2. Professional Indemnity Insurance: This policy would protect you from the legal fees and damages awarded to your client.

Common misconceptions about public liability vs professional indemnity:

#1. Public liability covers liability to the entire “public” body right? So shouldn’t it cover me if I make mistakes while providing a service to clients?

Nope. Public liability is designed to protect you when your business accidentally causes injury or damage when conducting business activities in public, or that involve congregations of people. It’s not designed to protect you if you make a negligent mistake while providing your services. In fact, public liability policies will often come with clauses that will expressly exclude coverage for any protection offered by a professional indemnity policy.

#2. Public liability should cover me if my business makes defamatory statements, right?.

That’s another nope. Public liability will not protect you if you make defamatory statements about someone else, like a competitor. Defamation encompasses slander (which is spoken), and libel (which is written). Only professional indemnity would cover you if you had committed such an act.

Do businesses need both public liability and professional indemnity insurance?

If your business involves providing any kind of services to clients, then yes – you need both insurance types. As you’ve seen in the above examples, public liability and professional indemnity protect you from very different – and very real – risks. If you only have one or the other, then you’re really exposing yourself to 50% more risk. If you have one of these policies, make sure to get the other so that you’ll be fully protected against lawsuits.

If your business sells only goods instead of services, then instead of professional indemnity, you’ll need a product liability policy. Product liability insurance will protect you from lawsuits targeting your business because of injuries or damage caused by goods you sold. Depending on what kind of goods you sell, the potential liabilities on your business may be huge. For instance, if you sell car parts to auto workshops that later turn out to be defective, you could cause fatal car accidents. You’d be legally liable for someone’s death in that scenario.

How much does it cost to have both public liability and professional indemnity insurance?

Public liability insurance is very affordable, with a large amount of $1,000,000 coverage starting at only $16/month (depending on the industry). That’s the price of a single meal in a restaurant!

Professional indemnity insurance will have higher premiums, and due to its highly tailored nature, quotes can only be produced with more precise information about the business seeking coverage. Get in touch with us for a quote on professional indemnity coverage for your company.

Remember that with Provide, you save up to 25% on your insurance premiums. Thanks to our digital operating model, our overheads are much lower, and we pass every dollar saved back to our clients.

Sometimes business owners might brush off the need for commercial insurance, viewing it as an unnecessary expense for a risk that will never materialise. We would urge extreme caution in this regard – legal liability is one of the most serious risks any business can face, particularly for small businesses that have limited resources to handle sudden, large expenses.

When you get hit with a lawsuit totaling hundreds of thousands of dollars (or even millions), the small annual premium for a good insurance policy will immediately seem like a small sum compared to the immense legal costs you’ll be facing.

What are the typical coverage amounts businesses should have

What other types of liability insurance do businesses need?

In addition to public liability and professional indemnity, businesses should also have:

  • Directors & Officers (D&O) Liability Insurance: This type of insurance protects company directors & officers from personal legal liability. Most company directors are blissfully unaware that their position exposes them to a stunningly wide variety of legal liabilities. Get an instant D&O insurance quote here.

Read more about the top 5 personal liabilities of company directors in Singapore.

  • WICA Insurance (Work Injury Compensation): This type of insurance protects the business from liability when workers get injured on the job. Under the 2012 WICA Act, your workers can file a WICA claim against you if they get hurt or sick due to work-related causes. You’ll have to pay their medical fees and damages if the WICA claim is approved by the courts. MOM (Ministry of Manpower) regulations also stipulate mandatory WICA insurance for employees earning less than $1,600/month, or employees performing manual labour. Get an instant WICA insurance quote here.

Where can I get great public liability and professional indemnity insurance quotes?

Get broad-coverage and affordable quotes for public liability here, and professional indemnity here. With Provide, you save up to 25% on your insurance premiums. Our digital operating model creates lower overheads, and we pass every dollar saved back to you.

E&O vs D&O Insurance: What’s the Difference?

e&o vs d&o

 

E&O vs D&O Difference Summary

Errors & Omissions (E&O) Insurance (known in Singapore as Professional Indemnity Insurance)Directors and Officers (D&O) Insurance
Who it coversCompany itself (i.e. the corporate entity)Directors and Officers
What it covers·       Negligence

·       Errors and Omissions

·       Malpractice

·       Defamation

·       Government fines

·       Negligence

·       Errors and Omissions

·       Malpractice

·       Defamation

·       Government fines

·       Shareholder lawsuits

·       Employment liability lawsuits

·       Criminal trials

Who needs itAll service businesses that provide any kind of professional adviceAll businesses regardless of industry
Key featureDesigned to protect the company from business-related lawsuitsDesigned to protect directors and officers from business-related lawsuits that target them personally

 

You might have heard of both Errors & Omissions (E&O) insurance and Directors & Officers (D&O) insurance. This article explains the major differences between both types of coverage, and why it’s important for businesses and business owners to have both types of coverage if they want to protect themselves from legal liabilities. (Side note: In Singapore, E&O insurance is called Professional Indemnity insurance. E&O is the term more commonly used in the US.)

It’s usually easier to understand how each type of insurance works, and the major differences between them, with an example. Here’s an illustrated situation of how professional indemnity and D&O insurance would each act differently to protect you if you find yourself in trouble.

E&O vs D&O – Sample Case Study: You run a construction company. One of your clients complains about shoddy work that was performed for his construction project, claiming your work caused structural issues with the building. Your client sues you for negligence.

The BCA (Building and Construction Authority) steps in to investigate, and finds that there are indeed structural issues. The BCA also initiates legal action against both you and your company. The BCA is seeking civil penalties against your company.

Your shareholders sue you for mismanaging the company, and causing financial losses to shareholders. As a company director, your shareholders are holding you responsible for not ensuring proper building requirements, which led to equity holders suffering financial damages.

Here’s how your E&O and D&O insurance would be activated to protect you:

  1. E&O insurance would pay for legal fees to defend your client’s negligence lawsuit, and the BCA lawsuit against your company
  2. D&O insurance would pay for legal fees to defend your shareholder lawsuit targeting company directors

Now that we’ve covered a broad overview of E&O vs D&O policies and the way each works, let’s get into the details of each type of insurance to further explain their differences.

E&O a.k.a. Professional Indemnity Insurance: The essence of E&O/Professional Indemnity Insurance is to pay for legal costs when the company itself is sued. E&O insurance protects the company against claims of negligence, errors & omissions, malpractice, defamation, and improper advice/practices which end up harming clients. This policy extends coverage to mistakes made by all the company’s employees. Beyond salaried and hourly employees, even subcontractors working for your company are also covered. You can thus see that E&O insurance is tailored to protect the corporate entity from a wide variety of legal liabilities!

Some additional examples of where E&O insurance would protect you:

  • Your business produces promotional materials for a client, and misspelled the client’s name on all the brochures/fliers/advertisements.
  • You provide advice that was incorrect. Even a seemingly simple mistake could lead to a legal claim for negligent or wrongful advice.

This type of insurance is important for companies of all sizes, as long as they provide professional advice to clients. Even if you think the quality of your service is impeccable, and you have strong corporate governance to limit poor advice from being provided, not all of your customers will feel the same way as you. Clients can accuse businesses of providing them sub-standard work, or providing them advice that caused them financial harm. Such accusations could occur anytime, and could come from anyone.

The legal costs to settle these legal disputes are often tremendous, with costs easily totaling in the hundreds of thousands of dollars. This can severely disrupt business operations, particularly so for small businesses. If you run a sole proprietorship, the costs and disruptions are magnified even further. With E&O coverage, the company is safeguarded from such legal risks. You’ll see that this differs very much from D&O insurance, which as its name projects is designed solely to protect senior executives.

Directors and Officers (D&O) Insurance: Unlike E&O Insurance which covers the company, the essence of D&O Insurance is to protect the Directors & Officers of the company against legal liability.

This type of insurance pays for the defense costs for directors and senior executives who are sued personally because of a mistake they made while managing the company. Directors get sued for a wide variety of reasons: negligence, errors & omissions, defamation, mismanaging the company, misusing company funds, and much more.

These claims can be made by a very wide variety of sources: regulators, employees, competitors, shareholders, creditors, etc. D&O insurance is important for all companies, whether they’re small or big, because lawsuits filed against directors will go after the directors’ personal assets! So if you don’t have D&O insurance, your bank account, house, and other personal possessions are at risk. Because directors are exposed to lawsuits from so many directions,

Unlike E&O policies, D&O insurance will cover directors after they retire for several years (usually 5-7 years). This is called run-off coverage. Because your liability as a director doesn’t end after you resign (yes, you can get sued for what you did as a director even if you’re no longer one!), you’ll need D&O insurance to protect you. This is one of the most important parts of liability protection for directors, which is why D&O insurance is a necessary complement to E&O insurance.

D&O insurance will also cover criminal trials if the police charge you with crimes related to your management of your business. Usually, policies will compensate your defense costs only after the court finds you not guilty. This prevents insureds from committing crimes just because they have insurance. Such “alleged criminal acts” coverage is not available under E&O/professional indemnity insurance.

D&O insurance also protects directors from employee lawsuits, while professional indemnity insurance doesn’t. So if directors get sued by their employees for things like wrongful dismissal, harassment, or other reasons, they’ll be protected. The same goes for shareholders; if directors get sued by shareholders for mismanaging the company, causing them financial losses, etc. D&O insurance will be activated to pay for defense costs and damages. E&O/professional indemnity insurance won’t cover such events.

Does a business need both E&O and D&O Insurance? What happens if I only have one type of coverage?

You need both types of policies, because having only one type of coverage leaves you 50% exposed. You need both E&O and D&O insurance to provide you company-level protection and director-level protection. All businesses will need a D&O insurance policy to protect directors from lawsuits that target their personal assets. If you’re running a service business, then you’ll also need E&O coverage to protect you from lawsuits that are aimed at the company.

Many business owners with E&O insurance operate under the mistaken impression that a single policy is all they need. That’s dangerous. Many business-related lawsuits, whether one filed by unhappy customers or disgruntled business partners, will be aimed at both the corporate entity and the directors who oversee the company. If you only have either type of insurance, you’ll only be half-covered if you get sued!

Where can I get great E&O and D&O coverage?

You can get it right here at Provide. We offer broad-coverage, high-indemnity E&O/professional indemnity insurance and D&O insurance. Our prices are up to 25% lower, thanks to our digital platform that creates lower overheads.

Should I Switch Insurance Companies?

Should I Switch Insurance Companies?

You’re thinking of switching insurance companies for your business. Maybe you’re shopping for a better price. Maybe your current coverage isn’t good enough. Or maybe your insurer botched a claim that you felt should have been paid.

Whatever the case, know that our online platform makes it easy for business owners to compare and switch insurance companies. If you’re wondering whether you should take the final plunge to change your insurer, we’ve come up with a simple 3-step checklist to help you decide. Read on to find out if another insurer deserves your business more:

Step 1: Review Your Current Policy and Insurer

Review your current policy to determine what coverage you have. Then create a list of all the protections you would like to have in your new policy. This makes it easy for you to compare your existing policy with the new one. If the new insurer offers you a better price but weaker coverage, you’ll be able to make a more informed decision about which policy you’d prefer.

During your review process, ask yourself these 3 quick questions:

Question 1: Is your current insurer meeting your protection needs?
Answer: If the policy you have with your current insurer isn’t providing you sufficient coverage, then you should consider upgrading your coverage to higher limits or more comprehensive terms. If your current insurer cannot provide this higher coverage, or cannot do so at a sufficiently affordable price, then it’s time to consider switching insurance companies.

Question 2: Are your current insurance premiums too high?
Answer: Do you feel you’re paying too much for your business insurance policies? If your current policies are priced too high, you should consider comparing policies from other insurers to see if you could save money. Provide’s online platform helps you save up to 25% on all types of business insurance policies.

Question 3: If you’ve filed claims before with your current insurer , how was your experience?
Answer: Was the claims investigation process smooth or troublesome? Did they pay out your claims on time or did they drag it out? How supportive was the customer service team in your time of need? If your answers to these questions are negative, then perhaps it’s time to give your business to someone else who might appreciate it more.

Step 2: Source Quotes

Once you know all the protections you want to have in your policy, start sourcing for quotes from different insurers.

The vast majority of insurers will not directly provide business owners with quotes due to the complexity of insurance products. You will need an insurance broker to help you with the sourcing process.

Provide is a digital broker that makes commercial insurance cheaper, faster, and exponentially more convenient for business owners. We provide instant quotes for a variety of products, and our prices are up to 25% lower than traditional offline brokers.

Click here to get a quote from our comprehensive product range, or click here to schedule a call with one our expert advisors.

Compare Quotes

Once you have a few quotes in hand, it’s time to see which suits you best.

If you feel you want better coverage, or your protection needs have changed, it’s helpful to rank which protections are most important to you.

Having an expert broker walk you through the pros and cons of each policy is immensely helpful.

Consider total costs: Consider the total costs of switching, beyond merely the quoted price. You should take into account the cost of longevity discounts and multi-policy discounts (if applicable) that you would lose if you switched insurers. If the new insurer offers a better rate even after these discounts, then go ahead and make the change.

Step 3: Cancel Your Old Policy

If you’ve decided to switch insurers, there are a few things you need to take note of.

Ensure coverage is in force: Before you cancel your old policy, check the date on which your new policy will activate. It’s a good idea to align the start date of your new policy with the cancellation date of your existing one.

This helps you avoid a situation where you have a gap in coverage. If a claim situation arises (e.g. an accident happens) and you did not have coverage during that period, you would not be able to file a claim with your insurer.

Give sufficient notice in writing: Insurers will have a clause outlining the number of days of written notice you must provide to cancel a policy. This often ranges from 7-14 days.

Cancelling a policy in writing also provides proof of your cancellation request, and when you made it. This removes all ambiguity from any dispute that may arise later (e.g. the processing department at the insurer forgot to cancel your policy and charges you for next year’s policy).

Check your policy terms: You will need to check whether your policy is pro-rated or short-rated.

A pro-rated policy means that if you cancel a 12-month policy after 9 months, you will be refunded for the remaining 3 months of coverage.

A short-rated policy means that if you cancel the policy before it expires, the insurer may deduct a cancellation fee from whatever refund you were entitled to. Sometimes, these fees can be large to disincentivise customers from switching their policies early. Check your policy wording document to make sure it’s worth switching.

A good broker should be able to answer all these above queries for you, and to handle all the administrative tasks of switching insurers.

Ready to Switch? Choose Provide.

Provide’s online platform makes it easy for business owners to compare the most popular types of business insurance. If you can’t find something you like, our expert advisors will be happy to tailor protection to your exact needs.

Click here to compare business package insurance, or click here to speak with our expert advisors who can handcraft a comparison of any policy type for you.

Top 3 Insurance Policies For Employees In A Small Business

wica insurance

Top 3 Insurance Policies For Employees In A Small Business

Running a small business can be very challenging – business owners often rely on small teams of employees, so it’s doubly important that each employee gives their absolute best every day so your business can flourish. If one, or even several employees become sick or injured, their absence can put noticeable strains on the smooth running of the business.

Employees getting sick or injured while on the job also creates serious liability issues for small business owners. Under the 2012 Work Injury Compensation Act (WICA) in Singapore, companies are legally required to provide WICA insurance for any employees who earn less than $1,600 a month, or for any employees who perform manual labour. The WICA statute also requires employers to compensate employees up to $73,000 for work-related injuries. If you have multiple employees getting injured in a single year, these costs very quickly add up and become a significant burden on the company’s cash position.

The potential to be hit by significant costs related to employee injuries means that small business owners must take appropriate steps to protect themselves. Here are the 3 best insurance policies that company owners should have to protect their business and their employees:

#1. Work Injury Compensation Insurance (WICA Insurance)

Work Injury Compensation Insurance protects businesses from legal liability when employees become injured or sick due to work-related causes.

What WICA Insurance covers: WICA insurance covers legal expenses to defend against work-injury lawsuits. It also covers employee medical expenses for injuries or illnesses sustained from work.

Employer Coverage:

  1. Lawyer’s fees for employee injury/sickness lawsuits
  2. Legal damages for employees injured/sick for work-related reasons

Employee Coverage:

  1. Medical expenses
  2. Lost salary while on medical leave (includes salary, bonus, overtime pay, food and housing allowances, but excludes CPF payment)
  3. Lump sum compensation for death, or total permanent disability

What WICA Insurance doesn’t cover:

  • Self-employed individuals
  • Pre-existing conditions
  • Self-inflicted injuries
  • Workplace fights
  • Injuries or illnesses that occur outside of work-related causes
  • Injuries or illnesses that occur in violation of company policies
  • Injuries or illnesses that occur from drug or alcohol use

How much WICA Insurance should small businesses have?

For small businesses, it’s advisable to have between $50,000 to $100,000 in Work Injury Compensation coverage per employee. Lower risk occupations involving mostly desk-bound work, or light outdoor supervisory roles can make do with $50,000. Manual workers should have at least $100,000.

Under Singapore law, businesses must cover their employees for the following minimum sums:

Death coverage: $57,000

Permanent disability coverage: $73,000

Medical expenses coverage: Up to $30,000, or 1 year of expenses from the date of accident, whichever is reached first

How much does WICA Insurance cost?

Non-Manual Worker: Starts from $25/year, per worker

Manual Worker: Starts from $50/year, per worker

As you can see, this type of coverage is very affordable for the benefits you’re getting! Prices may be higher for certain higher-risk industries, like manufacturing.

Get your instant WICA Insurance quotes here! With Provide, you save up to 25% on your premiums. Our digital operating model creates lower overheads, and we pass every dollar saved back to our clients.

#2. Group Personal Accident Insurance

Group Personal Accident Insurance protects employees if they suffer serious accidents, or accidentally die. This policy will provide cash payouts for accidental injuries or death, and also pays for employee medical expenses.

Singapore’s tight labour market means that small businesses face strong competition to hire and retain the best employees. Today’s workers increasingly expect good healthcare benefits from their companies. It’s become very common for business owners to offer good benefits (beyond just salary raises) as a strong employment incentive. A comprehensive Group Personal Accident policy is a great way to retain and attract talented employees. It’s also a fantastic method to keep employees safe, protecting your staff and their families from huge medical bills.

What Group PA Insurance covers:

  • Loss of Body Parts/Body Functions: Pays a lump sum for loss of arms, hands, fingers, legs, toes, sight, hearing, and more.
  • Total Permanent Disability: Pays a lump sum for permanent inability to work. Some insurers may have alternative definitions of this condition, like loss of a minimum number of specific body parts/functions.
  • Accidental Death: Pays a lump sum.

The following coverage features are offered in various combinations, depending on the insurer:

  • Medical Expenses/Hospital Cash: Pays for medical fees (up to a specified amount). Pays a daily hospitalisation benefit.
  • Temporary Disability (Partial/Total): Pays a daily cash benefit while temporarily disabled and unable to work.
  • Family Cover: Automatically covers employee’s child & spouse.
  • Reservist Cover: Covers employees performing reservist duty.

What Group PA Insurance doesn’t cover:

  • Individuals over 65-75 (depends on the policy)
  • Suicide
  • Pre-existing physical or mental defect or infirmity
  • Illness, diseases, infections, AIDS, HIV, and HIV-related illnesses
  • Childbirth, miscarriage, pregnancy or any other complications thereof
  • Injuries or death from criminal acts
  • Professional sports activities of any kind
  • Hazardous sports activities such as mountaineering, cave exploring, parachuting, hang gliding, hunting, racing of any kind (other than on foot), scuba-diving, bungee jumping and water ski jumping
  • Pilots or cabin crew, unless they’re travelling as fare paying passengers
  • Radioactive and nuclear weapon material accidents

How much Group PA Insurance should small businesses have?

Companies should look into having between $100,000 to $500,000 in coverage per employee. Lower coverage amounts are perfect for small companies that are looking to offer more than just salary as performance incentives, but are still operating on a lean budget. Higher coverage amounts are well suited for medium sized firms with larger salary budgets, that want to provide more competitive hiring and retention incentives.

Business Package Insurance will usually come bundled with Group PA insurance. However, this bundled Group PA insurance is most commonly only for 1-2 directors/officers. If you want to cover your staff, make sure to get a standalone Group PA policy.

How much does Group PA Insurance cost?

Premiums usually begin from $50/employee, for $100,000 in annual coverage.

With Provide, you’ll save up to 25% on premiums, with broad coverage & high indemnity policies guaranteed. Our digital operating model creates lower overheads, so we pass every dollar saved back to our clients.

Interested in protecting your employees with Group PA insurance? Get your Group PA insurance quote today!

#3. Group Health Insurance

Group Health Insurance is another strong incentive for hiring and retention. Given the high and increasing cost of healthcare in Singapore, employers that can offer good health insurance coverage for their staff immediately become highly attractive companies to work for. A 2018 survey found that health insurance was the number one benefit employees want when deciding which company to work for.

What Group Health Insurance covers:

The table below provides a broad overview of available coverage by plan type:

CoverageInpatientInpatient + OutpatientInpatient + Outpatient + Vision + Dental
Annual PremiumStarts from $400/staffStarts from

$600/staff

Starts from

$800/staff

Inpatient Treatment
Hospital room
Intensive care
Prescription medicine
Doctor/specialist fees
Surgeon’s fees
Anesthesiologist fees
Laboratory and diagnostic tests
Outpatient Treatment
GP consultation
Specialist consultation
Outpatient medical procedures (e.g. day surgery)
Prescription medicine
Physiotherapy
Home nursing
TCM/Chiropractor treatment
Psychiatric treatment
Dental Benefits
Routine dental work (scaling, polishing, fillings, simple extractions)
Complex dental work & major restoration (e.g. root canal, jawbone surgery)
Vision Benefits
Eye examination with optometrist or ophthalmologist
Contact lenses, corrective lenses, glasses frames

 

Common add-ons to Group Health Insurance:

The following types of coverage are usually purchased as a separate add-on to Group Health policies.

Critical illness: Critical illness protection gives you a lump sum cash payout in the event of major illnesses like:

  • Cancer
  • Organ failure
  • Heart attack
  • Stroke
  • and many more

Hospital Cash: Pays out a daily cash benefit while the insured is hospitalised. This helps defray the impact of lost wages while the person is recovering.

Maternity Benefits: Pays for pre-natal, childbirth, and post-natal treatments.

What Group Health Insurance doesn’t cover:

Pre-existing conditions: Most plans will ask each insured to declare pre-existing conditions, which will be excluded from coverage. If you need protection for a condition you already have, speak to an experienced broker like Provide, who can help you arrange coverage for certain pre-existing conditions.

Employees over 65-80 years old: The exact age at which applications are not accepted differs between different plans, but most insurers will not offer Group Health policies to new applications over 65-70 due to significantly increased health risks.

If you’re already insured by a Group Health Insurance plan, then most insurers will continue to cover you up till 70-80 years old.

Companies with fewer than 3 employees: Group health plans cost less per person than individual health plans, so a minimum size is necessary for insurance companies to provide savings.

How much Group Health Insurance should small businesses have?

Most small businesses will do well with an inpatient plan with annual coverage of up to $250,000. Inpatient H&S policies will protect employees from diseases or accidents that require expensive medical procedures to treat. It is precisely these large, out-of-pocket financial burdens that workers want to avoid and will need the most assistance to deal with. Consequently, companies that help employees with these costs already provide a significant incentive.

Plans that include outpatient treatment will often command a sizeable premium over inpatient-only plans. Consider undertaking an outpatient plan if your business is growing quickly, and you want to attract the best talent by offering comprehensive employee benefits.  The highest-end plans with vision and dental benefits are usually suitable for mid-sized companies that have more resources to spare.

How much does Group Health Insurance cost?

These are the typical prices SMEs can expect for Group Health Insurance:

Plan TypeAnnual Premium
InpatientStarts from $400/employee
Inpatient + OutpatientStarts from $500/employee
Inpatient + Outpatient + Vision + DentalStarts from $600/employee

Annual premiums are largely based on: age and health condition of insured, and the number of insureds. The prices above are typical for staff in their 20s to 30s. Staff in their 40s and above may pay 30-50% more, to account for increased health risks.

Provide helps businesses get broad cover, high indemnity health insurance. Our experts have decades of experience crafting tailored health insurance plans for business owners. Contact us today for an expert consult on health insurance!

D&O Insurance Basics: The Ultimate Guide for Business Owners

D&O Insurance Basics: The Ultimate Guide for Business Owners

What is D&O Insurance?

Directors & Officers (D&O) Insurance protects company directors & officers from lawsuits filed against them.

The moment you serve as a company director or officer (e.g. when you incorporate your own business), you are immediately exposed to a wide variety of legal liabilities: professional negligence, breach of fiduciary duty, misleading shareholders, wrongful employee dismissal – and a thousand more legal allegations that could cripple your finances.

These lawsuits could be filed against you by a dizzying multitude of parties – suppliers, customers, competitors, employees, creditors, regulators, or shareholders. Essentially, almost any party your business comes into contact with is a potential claimant.

When you are sued as a company director, your personal assets like savings in your bank, your house, and your car will be completely open to legal claims. If you don’t have D&O insurance, you will have to use your personal assets to pay for expensive legal fees and damages awarded, which often stretch into hundreds of thousands of dollars.

How does D&O Insurance work?

To understand how D&O insurance functions, we must first understand what a typical D&O policy looks like. D&O insurance is structured around 3 “sides”: A, B, and C. These “sides” are basically individual components of the D&O policy, with each section protecting you from different risks.

D&O Side A: Director Coverage

This side of D&O insurance protects directors when the company is unable to indemnify them against lawsuits. Side A is most commonly activated when companies go bankrupt, or when companies are prohibited by law from indemnifying directors against certain allegations.

Example claims: Your company goes bankrupt, and thus cannot pay for directors’ legal fees and damages. Side A of the policy will be activated to protect the directors.

A director is fined by government regulators for breaching certain legal statutes. Under Singapore law, companies cannot indemnify directors for regulatory penalties. Side A of the policy will pay for the director’s legal defense and damages.

D&O Side B: Company Reimbursement

This side of D&O insurance reimburses the company for legal fees and damages paid to defend directors. Side B is most commonly activated in D&O lawsuits, since companies will defend their directors, and then claim reimbursement from their insurer.

Example claims: You run a construction firm. Your customers sue you as a company director, alleging professional negligence that led to defective property construction. Your company spends $500,000 on lawyers and settlement fees. You can claim back these costs under Side B of your D&O policy.

D&O Side C: Entity Coverage

This side of D&O insurance protects the company whenever the firm and its directors are sued together. Private businesses enjoy broader Side C coverage than public companies – the latter are only entitled to activate Side C coverage for securities-related claims.

Example claims: Shareholders sue the directors of a public company for allegedly misleading numbers and facts published in the company’s financial statements.

What does D&O insurance cover?

Misrepresentation or misleading statements

Directors have a responsibility to be truthful when making agreements or providing information. If directors commit acts like presenting inaccurate financial statements, or publishing false advertisements, they can be held liable. Covers lawsuits alleging such misrepresentations.

Errors, Omissions, Professional Negligence

When performing a service, negligent acts can sometimes occur, resulting in financial loss or physical injury to third-parties. Covers lawsuits resulting from such negligence.

Breach of Warranty of Authority

Company officers may make decisions that exceed the scope of authority granted to them by the Board of Directors, resulting in financial loss or other damages. Covers liability from such acts.

Breach of Fiduciary Duty

If Directors and officers do not act in the best interests of the company, they can be held liable by shareholders. Covers liability from such acts.

Employer Liability

Directors can be held responsible for workplace practices like wrongful dismissal, employment discrimination, and sexual harassment. Covers employer liability from such allegations.

Defamation/Slander

Covers lawsuits alleging defamation (written) or slander (spoken).

What does D&O insurance not cover?

Dishonest, Criminal or Fraudulent Conduct

Directors have a legal responsibility to act in good faith and to comply with regulations at all times. D&O policies thus will not cover lawsuits stemming from such behavior.

Insured vs. Insured Lawsuits

D&O insurance will not cover you if you are sued by another insured individual covered under the same policy (e.g. two directors in the same firm suing each other).

Breach of Contract

D&O policies often will not cover breach of contract claims. This is because a contract is not a liability imposed by law, but an obligation that is voluntarily entered into. There would be conflicts of interest if contract breaches were insurable, since insured individuals could break contracts at will without bearing any financial repercussions.

Prior and Pending Claims

D&O policies will not cover claims that have arisen before, or are currently being litigated, at the time you purchase the policy.

Key clauses in D&O insurance

Of the many clauses found in D&O policies, there are 5 crucial clauses that will have a significant impact on the effectiveness and breadth of coverage.

Advanced Defense Costs

Does your D&O policy pay your lawyer fees in advance, instead of having you pay first then seek insurer reimbursement later? Wherever possible, you should choose a policy that will give you advanced defense payments. Provide’s D&O policies feature this clause (URL) – this lifts a significant financial burden off the shoulders of small business owners.

Run-Off Coverage/D&O Tail Insurance

Directors & Officers can be held liable for management decisions that they made while they held office, even after they’ve resigned! Post-resignation liability is one of the biggest and most worrying liabilities that directors face, because such liability will follow directors for many years even after they no longer hold office. You should therefore select a D&O policy that contains run-off protection – Provide’s D&O policies offer this protection. This means that even when Directors & Officers leave the company, the D&O policy will still protect them from claims. Run-off protection usually lasts for 5-7 years, depending on the policy. For even greater protection, a stand-alone Side A policy (also called D&O tail insurance) can be purchased. D&O tail policies will provide an extended duration of run-off protection (often 10+ years).

Duty to Indemnify vs. Duty to Defend

Duty to Indemnify: The insurer is obligated only to reimburse the company for any expenses incurred while defending a claimable D&O lawsuit.

Private company D&O insurance is often written on a Duty to Indemnify basis. This means the insurer will only pay for lawsuits that are claimable events under the policy. If you’re sued for a reason that is not covered under the policy, you won’t be covered.

A Duty to Indemnify policy gives you control over the defense process: you are allowed to select your own lawyers to defend lawsuits (subject to insurer approval), you are responsible for making payment for legal expenses, etc. This level of control may be useful if you are defending an especially complex lawsuit.

Duty to Defend: The insurer is obligated to defend the company for any D&O lawsuit, even if coverage is in doubt and may not ultimately apply.

Sometimes, D&O policies are written on a Duty to Defend basis. The implications are exactly as it sounds – the insurer must defend the policyholder against all D&O lawsuits.

With Duty to Defend policies, the insurer will select lawyers for you, and manage the whole defense process. Although this means you do not control the defense proceedings, it doesn’t lower the quality of your defense in any way. Insurers have access to top legal firms who will have handled similar lawsuits many times before. It’s also always in the insurer’s best interests to win the case for you quickly, since it reduces the amount they have to pay out under your D&O policy. Having the insurer manage the defense process is especially useful for more routine D&O lawsuits, since the insurer will handle payments, legal arrangements, and other administrative tasks so that you can focus on your business.

A particular advantage of Duty to Defend policies is that if any part of your claim is covered, the insurer must defend the entire claim, even those parts of the claim that are not ordinarily covered. This “umbrella defense” provision provides Directors much broader coverage. It also avoids a problem commonly seen with Duty to Indemnify policies, where insurance payouts must be negotiated and split between covered and uncovered portions of the claim. This negotiation process, as you might expect, is often rife with frustrating disputes between policyholders and insurers. Having a Duty to Defend policy allows insured individuals to avoid frustrating arguments with insurers on coverage, and to instead focus on resolving the lawsuit.

Shrinking Limits

D&O policies are written with a “shrinking limits” provision. This means that the amount of coverage available for damages is reduced by the amount paid out for legal expenses. Make sure you select a policy that will provide sufficient payouts for both!

Why is D&O insurance essential for small businesses?

  1. Small businesses have limited resources to fight lawsuits: Unlike large corporations, SMEs typically do not have millions of dollars in cash reserves that they can draw on anytime to fund a lawsuit defense. Diverting significant amounts of liquid assets and cash flow away from operations, and towards legal fees, will often cause significant detrimental impacts on the small businesses.
  2. The cost of a single D&O lawsuit could easily bankrupt an SME and its Directors: A D&O lawsuit could easily cost between half a million to several million dollars to resolve. A single D&O claim, if not insured for, could essentially bankrupt a small business and its Directors.
  3. Small businesses often do not have in-house counsel: Unlike large corporations, very few SMEs have in-house lawyers that can review every decision your business makes with third-parties or with employees. This increases the likelihood of making management decisions that Directors may have to answer for in court. Having a D&O policy ensures that if management decisions ultimately result in a lawsuit, Directors are not left without recourse to protect themselves.

Will Limited Liability laws protect directors from personal lawsuits?

In Singapore, Limited Liability statutes only prevent directors from being held responsible for company liabilities. These laws do not apply to directors’ personal liabilities.

It is crucial to know that when plaintiffs sue, they will often file multiple lawsuits targeting both the company and the company’s directors. When you are sued personally as a director, Limited Liability laws will not help you. You will only be protected if you have a D&O policy in place.

What are common claims for D&O insurance?

It’s easier to understand how this type of insurance works with some D&O claims examples. Here are the top 6 most common claims made for D&O insurance:

  1. Shareholder Claims

Shareholders have a financial stake in the business, so when they feel their interests are not being appropriately represented, they can take Directors to court. Common shareholder lawsuits involve:

  • Errors or misleading statements in financial reporting
  • Breach of fiduciary duty leading to financial losses or bankruptcy
  • Mismanagement of company causing poor financial performance
  • Mergers & acquisitions
  • Decisions exceeding authority given to company officer
  1. Employment Claims

In this litigious age, it is increasingly common for employees to file civil suits against company directors for perceived workplace wrongs. Directors can be sued for:

  • Wrongful dismissal
  • Breach of employment contract
  • Employment discrimination (e.g. hiring, promotions)
  • Sexual harassment
  1. Customer Claims

Directors can face claims from customers if they fail to properly provide promised services or goods. Customers file suits against Directors for:

  • Fraudulent behaviour
  • Contract disputes
  • Professional negligence
  • Misleading promises/claims
  1. Creditor Claims

When a company owes money to a third-party, directors of the indebted company are legally required to act in good faith to both shareholders and creditors. Directors can be sued by creditors for:

  • Breach of fiduciary duty to creditors, leading to a loss on assets owed/impairment of ability to repay debt
  • Irresponsible or fraudulent accumulation of debt
  • Conducting business while insolvent
  1. Competitor Claims

In Singapore’s competitive business environment, it’s not uncommon for small businesses to be litigated by rival firms. Directors can be sued for:

  • Defamation/slander
  • Infringement of Intellectual Property
  • Theft of trade secrets
  • Collusion & other anti-competitive behaviour
  1. Regulator Claims

Comprehensive legal frameworks help ensure responsible business behaviour, but it also increases the chance of company directors inadvertently breaching regulations, and bearing painful penalties. This is especially true for businesses operating in tightly-monitored industries (e.g. financial services, law, and healthcare). Regulators can file lawsuits or fine Directors for:

  • Breaching industry regulations
  • Professional negligence that results in loss or injury to third-parties
  • Engaging in deceptive marketing
  • Causing pollution
  • Any other unlawful conduct

Having D&O insurance will protect you from this wide variety of legal liabilities. If you’re a director, do you want your personal assets to be exposed to so many risks without some kind of protection?

How much D&O insurance do private companies need?

When planning the amount of D&O coverage to purchase, it’s helpful to map out the potential costs of defending a D&O lawsuit.

Lawyer’s fees: A safe estimate would range between $50,000 to $100,000 a year. A typical D&O lawsuit will easily last a minimum of 2-3 years.

Damages/Settlement: A safe estimate is to have at least $500,000 set aside, exclusively for damages.

Given the combined cost of lawyer’s fees and potential damages, most SMEs should be looking at D&O policies beginning from $1 million in coverage.

How much does D&O insurance cost?

A million dollars of D&O coverage starts at only $3.80/day. That’s less than the price of a daily cappuccino!

In a year, small businesses should expect to pay no more than $1,500 for between $1-2 million dollars in coverage. The large amount of coverage you get for such affordable premiums is a strong incentive for business owners to protect themselves with a D&O policy.

There are 2 principal ways company directors can prepare for litigation:

Pay lawsuit expenses out-of-pocketPurchase D&O insurance
Easily $200,000 to $300,000/year$1,500/year

When you compare the costs side-by-side, it’s not difficult to see which is the better option for directors and business owners.

Where can I buy D&O insurance?

Provide is the easiest place to get online D&O insurance quotes. It takes only 60 seconds to get covered. You’ll save up to 25% on premiums compared to traditional brokers, with broad coverage and high indemnity guaranteed.

How To Get Liability Insurance For Your Small Business

small business liability insurance

Are you a business owner wanting to protect yourself from damaging and expensive lawsuits? Unsure of how to get liability insurance for your business? Are you looking for a better, cheaper, easier way to protect your company from legal liability?

This easy-to-follow guide clearly explains:

  1. The different ways you can get business liability insurance
  2. Which way helps you save the most money, gives the best protection, and is the simplest to use

There are 3 main ways business owners can get liability insurance to protect themselves and their company.

FeaturesInsurance AgentTraditional Insurance BrokerProvide: Online Insurance Broker
No. of InsurersMaximum 3UnlimitedUnlimited
ExpertiseDepends on agentDepends on broker, usually higher than agent20+ years experience serving large corporations and SMEs

 

PriceIndustry standardIndustry standard10-25% savings on all policies, forever
Speed1-3 week(s) for quotes1-3 week(s) for quotesInstant quotes for all essential SME policies.

 

1-2 week(s) for complex policies

ConvenienceNo instant services. Must schedule calls/meetings. Send text messages/emails.No instant services. Must schedule calls/meetings. Send text messages/emails.24/7 online platform to instantly buy coverage, change policies, get advice.

 

Calls/meetings

available for more complex needs.

Claims processDepends on agentDepends on brokerEasily file claims online. Receive automatic updates on claims process.

 

Expert team to act as strong claims advocate.

In-person consultsYesYesYes

 

#1. Use an insurance agent

Business owners can use a commercial insurance agent to purchase insurance. Most insurance agents in Singapore are focused on personal policies like car, maid, and life plans, so make sure to approach an agent with specific experience in handling commercial policies.

It’s important to note that insurance agents are only legally allowed to represent a maximum of 3 insurers. There are 82 insurers in Singapore: 60+ global insurers (e.g. the AIG’s, Chubb’s, QBE’s of the world), with another 20 regionally-focused insurers. What this means is that if you have an insurance agent source commercial insurance quotes for you, you’re probably not going to get the best prices, or the best coverage options. Agents unfortunately don’t possess the ability to conduct a broad search across the insurance market.

There are more insurance agents in Singapore than insurance brokers because qualifying to operate as a broker is much harder. Brokers have to meet much more stringent insurance experience criteria, undergo a stricter review process by MAS, and must have much more paid-up capital.

#2. Use an online insurance broker

You can use an online insurance broker to purchase business liability insurance. Provide is Singapore’s 1st online business insurance platform, exclusively focused on protecting SMEs.

If you run a small business, you should consider using an online broker to protect your company. Provide helps SME owners get the best insurance protection rapidly, and to save lots of money in the process.

Our digital platform helps business owners:

  1. Save up to 25% on all insurance premiums
  2. Buy protection instantly
  3. Get broad coverage, high indemnity policies guaranteed
  4. Get access to industry experts who will provide tailored advice, and be strong claims advocates

If you’re looking for a better, faster, and easier way to get covered, choose Provide.

#3. Contact an insurance broker for an in-person consultation

Lastly, there’s always the traditional route of calling up a commercial broker, and having a sit-down to review your needs and get quotes. Traditional brokers will solely operate via this route.

Provide also offers in-person consults with our insurance experts. Provide’s highly experienced brokers have 20+ years of combined experience protecting all types of companies, from large corporations to small businesses. If you prefer to meet with someone over using our online platform, our industry experts will come down to meet you, analyse your business, and provide thorough coverage recommendations. Arrange an expert consult now.

What types of liability insurance should small businesses have?

There are 4 main types of liability insurance that business owners can use to protect themselves and their company:

  1. Director & Officer (D&O) Liability Insurance
  2. Work Compensation Injury (WICA) Insurance
  3. Professional Indemnity Insurance
  4. Public Liability Insurance

How does liability insurance protect business owners and their companies?

Lawsuits are one of the single most damaging risks any company – let alone a small business – can face. Defending legal claims can easily cost a small business owner half a million dollars or more. These costs could very easily bankrupt an entire business. Business liabilities can even lead to business owners themselves being declared bankrupt, or in some cases going to jail.

This table below shows how the 4 types of liability insurance, put together as a suite, will protect business owners and their companies from expensive and dangerous litigation.

Insurance TypesPersonal Liability

(Directors & Officers)

Company Liability
Diretors & Officers (D&O) Liability InsuranceProtects directors & officers personal assets from legal exposure when they are sued.

 

Also protects against cost of criminal proceedings.

Protects company when the firm pays to defend its directors & officers against lawsuits.
Work Injury Compensation InsurancePrevents directors/officers from being convicted of criminal offence for failing to comply with WICA regulations.Protects company from legal liability when employees get injured/sick from work-related causes.

 

Note: All injured/sick workers can file injury claims against their employer under the WICA act.

Professional Indemnity InsuranceN.A.Protects company from legal liability when company is sued for professional negligence, errors, omissions, defamation, and more.
Public Liability InsuranceN.A.Protects company from legal liability when company is sued by third-parties (like customers or members of the public) for physical injury or financial damage.

 

How much should small businesses pay for liability insurance?

For small businesses with annual revenues of less than $5 million, use the following table as a liability insurance guide. These are easy-to-follow estimates for how much liability coverage you’ll need, and how much the premiums will be.

Liability insurance guide for businesses with <$5 million annual revenue
Liability Insurance TypeWhat It CoversRecommended Annual Coverage Premium
Directors & Officers (D&O) Liability InsuranceDirectors & Officers personal liability$1 millionStarts from $42/month
Professional Indemnity InsuranceCompany liability for negligence, malpractice, breach of care, and more$1 millionStarts from $42/month
Public Liability InsuranceCompany liability to third-parties for damage or injury$500,000Starts from $9/month
Work Injury Compensation InsuranceCompany liability to employees for injuries/illness$50,000 per employeeNon-manual staff: Starts from $5/month

 

Manual labour staff: Starts from $15/month

 

At Provide, we believe that businesses deserve the most comprehensive protection, delivered at the most affordable prices. That’s why all our policies cost up to 25% less, with broad coverage & high indemnity guaranteed. Our digital platform creates lower overheads, and we pass every dollar saved back to you.

Get your liability insurance quotes today for:

  1. Public Liability Insurance Quote
  2. Work Injury Compensation Insurance Quote
  3. Directors & Officers (D&O) Liability Insurance Quote
  4. Professional Indemnity Insurance Quote