Information & Communication Technology (ICT) Liability Insurance

ict

WHY DO YOUR CLIENTS NEED PROTECTION?

 

 

  • Any professional providing information & communication technology (ICT) is exposed to claims of a “professional indemnity” nature.
  • Information & communication technology means:
    1. any computer equipment, software, hardware or firmware sold, manufactured, produced, installed, repaired, serviced, treated, supplied, distributed, licensed or shared by the professionals;
    2. any service, advice or work provided by the professionals in relation to the above; and also the provision of data processing, data communication services provided by the professionals.
  • If a party suffers financial loss after receiving the services or relying on the advice of a professional, he/she has the right to sue for the loss.
  • A professional may even be sued by a client who is merely dissatisfied, but has no valid claim.
  • Professionals require cover to protect them against the potential financial burden of litigation, and to protect the reputation of their practice, their personal integrity and their personal assets.
  • Cover for legal costs and expenses is important as litigation involving professionals is often complex. It is imperative that professionals have access to specialised and quality legal representation, to safeguard their interests in the most effective way.
  • Information & Communication Technology Liability Insurance is the solution that provides professionals with the confidence to face the challenges of business. Should they be faced with litigation or prosecution, they can be rest assured that insurance can offer the assistance and support.

 

SCOPE OF COVER

 

 

  • Errors and Omissions
    1. Indemnifies professionals against legal liability for any claim in respect of negligent acts, errors or omissions incurred in the provision of information & communication technology.
    2. Provides cover for defence costs.
  • Personal Injury and Property Damage
    Indemnifies professionals against the amounts (including defence costs) which he/she becomes legally liable to pay by way of compensation in respect of (1) personal injury and (2) property damage.

 

If an IT professional designs and installs software or hardware that subsequently fails to meet expectations, is it a design error or installation error? Under separate professional indemnity and product liability policies, there may be a lengthy debate to decide which policy will respond.

 

To deal with this issue, Information & Communication Technology Liability Insurance combines attributes of professional indemnity, product liability and public liability in a single policy. It removes the need to debate whether the product should be defined as a service or a good under which the policy will respond to. This will also free everyone to focus on other issues.

 

EXTENSIONS

 

 

  • Libel and slander
  • Fraud and dishonesty
  • Outgoing principals
  • Consultants, subcontractors and agents
  • Intellectual property
  • Joint venture
  • Loss of data
  • Defence costs for breach of contract
  • Unauthorised access
  • Increased aggregate limit of indemnity (optional)
  • Licensed intellectual property rights (optional)

 

MAJOR CATEGORIES OF PROFESSION COVERED

 

 

  • Software developer (financial/accounting, business systems, e-commerce, asset/inventory management, etc)
  • Hardware designer/manufacturer/importer
  • Telecommunication service provider
  • Data communication service provider (ISP)
  • Data processing/warehouse service provider
  • Computer/IT consultant

 

CLAIM EXAMPLE

 

 

A computer consultant was employed to develop a new accounting system for a client to prepare a comprehensive set of annual accounts. The consultant overlooked some aspects, which led to defect of the system. The financial data was in a terrible mess and some were even lost. The company claimed against the consultant for the resulting financial losses.

 

UNDERWRITING PARAMETERS

 

 

Terms and conditions will be determined based on the information provided (inculding but not limited to):
  • Scope of services provided – whether they are under categories of high risk
  • Annual fee income – greater fee income generally implies higher risk exposure
  • Percentage of activities (based on fee income) derived from overseas – USA, Canada and Europe are relatively higher risks
  • Loss record history of client
  • Limit (and deductible) required by client

 

HOW TO OBTAIN QUOTATION

 

 

  • Clients should complete proposal form in order to provide information relating to scope of services, annual fee income, claim history, etc. for undewriting purposes.
  • We will provide a quotation based on the proposal form or will advise if any other information is needed.
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