7
Schedule A2 – Professional Services
Definitions
“Professional Services:” A type of liability insurance designed to protect traditional
professionals (e.g., accountants, attorneys) and quasi-professionals (e.g., real estate brokers,
consultants) against liability incurred as a result of errors and omissions made in performing their
professional services to State. Although there are a few exceptions (e.g., physicians, architects,
and engineers), most professional liability policies only cover economic or financial losses
suffered by State as opposed to bodily injury (BI) and property damage (PD) claims. This is
because the latter two types of loss are typically covered under commercial general liability (CGL)
policies. The vast majority of professional liability policies are written with claims-made coverage
triggers. In addition, professional liability policies contain what are known as "shrinking limits,"
meaning that unlike CGL policies (where defense costs are paid in addition to policy limits), the
insurer's payment of defense costs reduces available policy limits. Accordingly, when attempting
to determine appropriate policy limits, insureds [State] must consider the fact that because
defense costs are often a high proportion of any claim settlement or judgment, they must usually
purchase additional limits. The most common exclusions in professional liability policy forms are
for BI, PD, and intentional/dishonest acts.
2
“State:” The State of Rhode Island and its branches, departments, agencies, offices,
commissions, any using entity authorized by R.I. Gen. Laws § 37-2-1, et seq., to participate in a
procurement or solicitation and any other party directed by the State and the officers, directors,
officials, agents, employees, independent contractors and volunteers of any of them.
“Contract Party:” Any person, organization or entity that is a Contract Party with State in which
the Contract Party (i.e., vendor) provides services or products to State.” Contract Party shall also
include as insured persons Contract Party’s officers, directors, officials, agents, employees,
subcontractors, independent contractors, volunteers and any other entity or person for which the
Contract Party is legally responsible. For purposes of this document “Contract Party” does not
include any branches, departments, agencies, offices, or commissions of the State that may
contract with any other State departments, agencies, offices, commissions.
Required Insurance
Contract Party shall procure Required Insurance as defined herein:
a. At the sole cost and expense of Contract Party.
b. Obtain and maintain such Required Insurance in full force and effect during the entire
term of the Contract until all obligations of Contract Party have been discharged, including
any warranty periods or extended reporting periods, against claims that may arise out of,
are alleged to arise out of, directly or indirectly, in whole or in part, from or in connection
with the Contract and/or result from the performance of the Contract.
c. Any deductible, self-insured retention, or form of self-insurance under the policies shall be
the sole responsibility of the Contract Party and shall be disclosed to and acceptable to
the State authorized personnel.
d. Any required liability insurance policy that is to insure any form of products liability and/or
completed operations exposure created by Contract Party must provide extended
coverage as follows:
1. When required liability insurance policy uses “Occurrence” coverage trigger (including
that known as “Reported Occurrence”):
2
Definition based on one used by International Risk Management Institute:
https://www.irmi.com/term/insurance-definitions/professional-liability.