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Insurance, explained

Professional negligence

Professional negligence is a legal allegation that a person providing professional services failed to exercise the required care and that the failure caused a recognised loss. The elements depend on applicable law.

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BAU Risk Services — insurance brokerage

01 / The meaning

What it means.

An unhappy client or unsuccessful outcome does not automatically establish negligence. The agreed service, professional obligations, information available and causal connection to the alleged loss need examination. A professional can owe duties outside a written contract, while a contractual promise of a particular result may go beyond the ordinary duty of care. Legal advice may be needed to assess that distinction.

Professional indemnity insurance can be relevant to an allegation, but coverage and legal liability remain separate questions. An insurer may need to consider insured activities, exclusions and notification timing before confirming its position. Keep engagement terms, assumptions, review records and approvals. If a potential error is identified, obtain appropriate advice about response and notification rather than making unsupported admissions or promises.

02 / Put it in context

A practical example.

Hypothetical example

Hypothetical example: A surveyor is accused of recording a boundary incorrectly, and the client claims that construction costs followed. The surveyor’s original instructions and measurements become important evidence. The allegation requires legal and factual assessment; it does not establish negligence or an insured entitlement by itself.

This example illustrates the term. It does not predict a claim outcome.

03 / Read the detail

What to check.

04 / Start a useful conversation

A question for your broker.

What evidence connects the alleged professional error to the loss claimed?

Further reading

Read the source guidance alongside the relevant policy wording.

General information only. This does not take into account your objectives, financial situation or needs. Before acting, consider whether the information is appropriate for you. Cover is subject to insurer acceptance and the policy terms, conditions, limits and exclusions. Read the Financial Services Guide and the relevant PDS (where applicable) and/or policy wording before deciding.

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