Discussion:Cpa liability insurance coverage

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Discussion Forum Index --> Business Growth Community --> Cpa liability insurance coverage

Ekcpa (talk|edits) said:

16 April 2009
Curious how much coverage you carry.

Do you do it as a multiple of your revenue? say 2x annual or more. I know there are a lot of factors. In my case i do one small corp audit approx 2% of revenue. Sole practioner. just curious as i am about to renew.

thanks,

RoyDaleOne (talk|edits) said:

16 April 2009
Zero......

CrowJD (talk|edits) said:

16 April 2009
Buy just enough to get out of the Country, and lay low for about 3 months. You might want to check the laws of Brazil.

Nothing a lawyer likes more than high policy limits. It's a real motivator. Keep that in mind.

Brock And Associates (talk|edits) said:

16 April 2009
I created an LLC for personal protection and I am an ultra small business...so I don't maintain any right now. I don't audit and only do personal returns or flow through right now. I have a stipulation in my engagement letter stating I will pay penalties and interest if I make an error or omission so....my liability is less than the cost of the insurance per year.


I would like to have some just to sleep at night but it is prohibitively expenses.


If I carried 2x revenue...well that's only $8.50....why are the premiums they want to sell me $500 a year! :D


Michael

Natalie (talk|edits) said:

April 16, 2009
There are two limits -- one per claim and one for annual aggregate. My per claim limit is more than 2x my revenue. Insurance is not just to cover audits -- it's for every service you provide.

CrowJD (talk|edits) said:

16 April 2009
When an auto accident, malpractice case, whatever it is comes into your office in the way of a tort, the first question you want to know is what are the policy limits.

Now, you don't tell the client that. You ask the client happened, let him cry on your shoulder, etc. etc. But in truth, the lawyer cannot afford to take a case with low policy limits (or no insurance at all). It's the same work whether you end up with a 50K case or a 500K case, only the numbers change.

So, theoretically, an accountant with high policy limits is a juicy target, and I think that's Dale's point as well.

In some cases, you may be in a position where you can't lower your coverage, even if you want to. Some corporations will require that you show them your Dec. page and prove you have a certain amount of insurance.

P.S. now the agent will tell you they will take your house, jewelry and all that. That is extraordinarily rare. You want cash at the end of a case. You don't want to chase around trying to collect a judgment in a tort case.

FloridaTaxes (talk|edits) said:

16 April 2009
Brock,

I also have a small practice, with a total of 40 individual returns, 5 extensions, and 6 S corps prepared this year. I also have 3 clients I do monthly accounting and payroll for. I bought professional insurance from Landy Insurance for $147 for the entire year. My limit is $100,000. I also have an LLC but I figured for $147 the extra protection wouldn't hurt.

Christine

Brock And Associates (talk|edits) said:

16 April 2009
FloridaTaxes, thank you that is much more reasonable than others. One of my client's E&O insurance was about $250 down and some $50 a month. I will look into Landry.


Getting down to brass tacks, and probably only CrowJD can answer since he is also an attorney (my attorney at law business cards haven't arrived yet or else I would start making things up! :D). Most of the basis for lawsuits are generally damages and most civil suits tend to seek to make one person 'whole'.


Let's say that I really screw something up and cause a client to show that he/she had a refund of $3,000 when they really owed $3,000. Stipulating that I pay the interest and penalties (but not the original tax) was the client not made whole? What are the damages they could seek? Not being a smart arse, seriously asking for a legal basis upon which they might be able to continue an action.


I am thinking personal and flow through entity tax returns. A CPA would could botch an audit and get into more serious issues, there is no question about needing it.


Michael

Natalie (talk|edits) said:

April 16, 2009
Michael, I can't find it now, but insurance companies put together statistics on past lawsuit cases. As I recall, tax preparation was right up there with auditing. And some of the reasons for suing might surprise you.

While it may be true that most people don't want to hunt down someone for a judgment, I'm not willing to accept the risk that it won't happen. With insurance, someone is there to guide you through the process and take over at a certain point.

CrowJD (talk|edits) said:

16 April 2009
I agree Natalie, the practitioner has to be able to sleep at night, so it's their comfort zone that matters in the end.

Michael... it depends how fast they spend that $3,000! Sure, the truth was that they in fact owed taxes, but they would probably argue that they reasonably relied upon your advice that they were due a refund, and of course, spent it on that basis.

Brock And Associates (talk|edits) said:

17 April 2009
No arguments, CrowJD and Natalie....now that I found what might be affordable insurance, I will look at it next year.


Michael

Southparkcpa (talk|edits) said:

17 April 2009
I do about 250 1040's and 100 biz returns and some consulting year round. Much of my work is biz consulting, tax planning etc.... so I wouldn't practice without E and O. My premiums are

in the $800 neighborhood for $100K coverage and a 5K deductible and is only for tax work and compilations. 20 years on my own and never been sued, never even a threat BUT I would never practice without it.

Ekcpa (talk|edits) said:

17 April 2009
yeah I am looking at 500k/500k 1k deductible is about 1k per year

NMexEA (talk|edits) said:

17 April 2009
The Tax Lawyer recently ran an article on how to evaluate tax malpractice damages. It's not so easy to do.

What E&O insurance does for you, regardless of policy limits, is provide you with a fee-paid defense. That alone makes it worthwhile. Believe me, you do not want to have to hire a lawyer out of your own pocket or, worse, spend your otherwise billable hours trying to defend yourself pro se. You CAN be sued even where you've done nothing wrong and the Court will not necessarily award you your fees even if you win.

Brock And Associates (talk|edits) said:

21 April 2009
Yeah BUT....is that quality defense or just some kid right out of Law School with a head full of ideas about how things REALLY work?


I wonder if this might be akin to the pre-paid legal scams that employers are selling as a benefit?


Michael

Cobbcpa (talk|edits) said:

21 April 2009
EKCPA, I'm carrying $100,000 coverage for a little over $100 a year premium. My practice is very small - a total of about 75 individual and S corp returns a year. My policy is with CAMICO, which is a CPA professional liability insurance company formed by the State CPA Society's of several states. CAMICO focuses on prevention of lawsuits, and they offer an excellent technical assistance web site and hotline to help with problems. They're mission is to help practitioners upfront, before something goes wrong. I get engagement letters and all kinds of forms from them, and they give advice to sticky tax and auditing problems. When I checked policies, I was told this was the least expensive policy for this type of coverage. It's been well worth the piece of mind.

Natalie (talk|edits) said:

April 23, 2009
Well, I just thought I'd try CAMICO since Landy came out more than my current insurance. CAMICO does not insure in all states. Unfortunately, Hawaii is one of them.

NMexEA (talk|edits) said:

23 April 2009
B&A,

No, it will be a decent defense because the insurance company's own $100,000 or whatever is on the line. Insurance companies DO give small cases to new, untried firms because they are always on the lookout for new firms willing and able to do the work. But since they themselves cover the damages less any deductible, they are pretty careful about whom they select and they watch their selected lawyers pretty carefully.

As an aside, that's why YOU don't get to pick your defense lawyer; the insurance company considers that choice to be WAAAAY too important to allow their insured to make.

As a further aside, long ago I received just such a small case from an insurer and quickly figured out that I didn't want to do insurance defense for a living.

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