What to Do if a Professional Indemnity Claim Is Made Against You

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

A professional indemnity claim can begin with a formal legal demand, but it can also start with a complaint, an allegation of negligence, a threat to recover losses, or a client saying they are holding you responsible for a poor outcome. For consultants and other professionals, the early steps matter.

This article explains the professional indemnity claim process in Australia in general terms. It does not replace legal advice or advice from your insurer or broker. Your rights, obligations and available cover will depend on your policy wording, the facts of the allegation, when the claim or circumstance arose, and the insurer's claims criteria.

If you are reviewing your cover before a dispute arises, you can learn more about professional indemnity insurance and how it is commonly used to help respond to claims involving professional advice, services, errors or omissions.

What counts as a potential professional indemnity claim?

A PI insurance claim is not always obvious at first. Many policies require you to notify the insurer not only when a formal claim is made, but also when you become aware of facts or circumstances that could reasonably give rise to a claim.

Examples of situations that may need attention include:

• a client alleges your advice, design, report, recommendation or service caused them financial loss;
• a client demands a refund, compensation or rectification because of an alleged professional error;
• you receive a solicitor's letter, statement of claim, complaint to a professional body or regulatory notice;
• you discover an error in work already provided and believe the client may suffer loss;
• a client threatens to sue, terminate a contract or hold you responsible for a project failure;
• you are asked to explain a mistake, omission or missed deadline that could have financial consequences.

Because professional indemnity policies are commonly written on a claims-made basis, the timing of notification can be important. If in doubt, check your policy and seek guidance promptly rather than waiting to see whether the dispute escalates.

Step 1: Stay calm and avoid making admissions

It is natural to want to apologise, explain or offer a quick fix when a client is upset. However, you should be careful not to admit liability, promise compensation, agree to pay costs or settle the matter before speaking with your insurer or adviser.

Many professional indemnity policies include conditions requiring the insurer's consent before you incur defence costs, make admissions, negotiate settlement terms or agree to payments. Breaching those conditions may affect how the insurer responds to the claim.

You can usually acknowledge the client's concern without accepting blame. For example, you might say that you are reviewing the matter and will respond after considering the relevant documents. Keep your tone professional, factual and measured.

Step 2: Secure documents and create a clear timeline

Before memories fade or records become harder to locate, preserve all documents that may relate to the allegation. Do not delete, alter or recreate records. If you need to correct an internal note, make it clear when the correction was made and why.

Useful records may include:

• client contracts, engagement letters, scope documents and variations;
• emails, letters, file notes, meeting minutes and call records;
• proposals, reports, advice documents, designs, calculations or deliverables;
• records showing client instructions, approvals, assumptions and limitations;
• invoices, payment records and project milestones;
• internal review notes, quality assurance records and relevant policies or procedures.

Create a simple chronology showing what happened, when it happened, who was involved and what documents support each event. This can help your insurer, broker and legal representatives understand the matter efficiently.

Step 3: Notify your insurer as soon as possible

Prompt notification is one of the most important steps in the professional indemnity claim process. Your policy may require notice as soon as practicable after you become aware of a claim or circumstance. Late notification can create complications and, depending on the policy and circumstances, may affect cover.

When notifying the insurer, provide factual information rather than argument. You may be asked for:

• your policy details and business information;
• the client's name and the nature of the professional work performed;
• the date you first became aware of the allegation or issue;
• copies of any demand, complaint, legal correspondence or relevant documents;
• an estimate of the amount claimed, if any;
• a short summary of the events and your current understanding of the issue.

If you arranged cover through an intermediary, the brokers page may be a useful next step for understanding policy support and who to contact. A broker may help you identify the correct notification pathway, but the insurer's claims requirements and policy wording remain central.

Step 4: Check your policy wording and key claim conditions

Professional indemnity cover varies between insurers, industries and policy wordings. Do not assume that every allegation, cost or dispute is automatically covered. Review the policy carefully and ask questions if anything is unclear.

Important policy features to check include:

• Claims-made basis: whether the policy responds based on when the claim is made and notified, rather than when the work was performed.
• Retroactive date: whether the alleged act, error or omission occurred after the date from which your policy provides cover.
• Limit of indemnity: the maximum amount the insurer may pay for covered claims, subject to the policy terms.
• Excess or deductible: the amount you may need to contribute to a covered claim.
• Defence costs: whether legal defence costs are included within or in addition to the limit of indemnity.
• Consent requirements: whether insurer approval is needed before appointing lawyers, incurring costs or settling.
• Exclusions: circumstances or claim types the policy does not cover, such as known prior matters, deliberate misconduct or contractual liabilities beyond ordinary professional duties, depending on the wording.
• Run-off or continuity issues: whether past work remains protected if your business has ceased, changed structure or moved insurers.

If the policy wording is complex, seek clarification from your insurer, broker or an appropriately qualified adviser.

Step 5: Cooperate with the insurer's claims process

Once notified, the insurer may appoint a claims officer, loss adjuster, solicitor or other specialist to assess and manage the matter. They may ask for additional documents, interviews, expert input or a written explanation of the work performed.

Your role is to cooperate, provide accurate information and avoid taking unilateral steps that could prejudice the defence. This may include:

• responding to insurer and lawyer requests promptly;
• providing complete documents rather than selected extracts;
• telling the insurer about any new correspondence from the client or their representatives;
• following guidance about client communications;
• not appointing your own lawyers at the insurer's expense unless the policy allows it or the insurer agrees.

Insurer involvement does not guarantee that a claim will be accepted or paid. The insurer will assess the claim against the policy wording, the facts and any applicable exclusions or conditions.

Step 6: Manage communication with the client carefully

Your professional reputation can be affected by how you communicate during a dispute. Even where the allegation is unfounded, a defensive or inconsistent response can make resolution harder.

Keep communication courteous and factual. Avoid emotional language, speculation, blame and informal promises. If lawyers are involved, they may advise that communication should go through legal representatives or the insurer.

Where it is appropriate to keep communicating with the client, consider:

• acknowledging receipt of their concern without admitting liability;
• confirming that you are reviewing the matter;
• asking for specific details if the complaint is unclear;
• keeping all responses in writing or making file notes of any calls;
• ensuring staff know who is authorised to speak about the matter.

Professionalism is part of reputation protection. The aim is not to avoid responsibility for genuine issues, but to ensure the matter is handled properly and in line with your insurance obligations.

Step 7: Understand legal defence, excess payments and settlement

A professional negligence claim may be defended, negotiated, settled or resolved through a formal legal process. The appropriate strategy depends on the facts, the evidence, the amount claimed, the cost of defence and the policy terms.

In many cases, professional indemnity insurance may help with legal defence costs and damages or settlement amounts that are covered by the policy. However, cover is subject to limits, exclusions, excesses and insurer consent.

Important practical issues include:

• Excess timing: some policies require the excess to be paid when defence costs are incurred, while others apply it differently. Check your wording.
• Defence cost treatment: defence costs may reduce the available limit of indemnity if they are included within the limit.
• Settlement authority: you may need insurer consent before agreeing to any settlement or offer.
• Commercial settlement: some matters settle without an admission of liability because settlement may be more practical than prolonged dispute.
• Uncovered components: some costs, penalties, contractual promises or non-insured losses may not be covered.

Do not assume that a settlement is a failure or that defending every allegation is always the right approach. The decision should be made with proper advice and in accordance with the policy.

Step 8: Protect your business while the claim is ongoing

A claim can take time and attention away from your usual work. Maintaining business discipline can help reduce further risk while the matter is being handled.

Consider practical steps such as:

• limiting internal discussion of the claim to those who need to know;
• ensuring staff preserve relevant records and do not contact the client without approval;
• reviewing current projects for similar issues;
• checking whether contractual deadlines or client obligations are affected;
• keeping renewals and policy disclosures up to date;
• maintaining professional standards with other clients.

If the allegation reveals a process weakness, avoid making hasty changes that could be interpreted as an admission. Instead, document any risk improvement as part of a considered review.

Common mistakes to avoid after a PI insurance claim

What if you no longer have the same policy?

This is a common issue for consultants who have changed insurers, retired, closed a business, changed structure or allowed cover to lapse. Because many professional indemnity policies operate on a claims-made basis, the policy in place when the claim is made and notified can be especially important.

If you receive an allegation about past work, gather your old and current policy documents and contact your broker or insurer promptly. Relevant issues may include whether there is continuous cover, whether a retroactive date applies, whether the matter was known before the current policy began, and whether run-off cover is in place for past professional services.

Do not assume that a current policy will cover all historic work, or that an old policy will respond after it has ended. The answer depends on the wording and the circumstances.

Using a claim as a risk management lesson

After the immediate issue is under control, review what the dispute reveals about your business. A claim or near miss can highlight gaps in scoping, communication, documentation, quality control or client selection.

Useful improvements may include clearer engagement letters, better records of client instructions, more explicit assumptions and exclusions in reports, peer review for high-risk work, stronger change control and regular policy reviews.

For a broader prevention framework, see the guide to risk management for Australian professionals. Risk management does not eliminate the possibility of a claim, but it can reduce the likelihood of disputes and improve your ability to respond if one occurs.

Final checklist: what to do when a client makes a claim

1. Read the complaint, demand or allegation carefully.
2. Do not admit liability, offer compensation or agree to settlement without advice.
3. Preserve all relevant documents and create a factual timeline.
4. Notify your insurer or broker promptly in line with the policy wording.
5. Provide complete and accurate information to the claims team.
6. Follow insurer or legal guidance about communication and defence strategy.
7. Check excess, limits, defence cost provisions, exclusions and claims-made requirements.
8. Keep your business operating professionally while the matter is managed.
9. Afterwards, review your systems, contracts and risk controls.

A professional indemnity claim can be stressful, but a structured response helps protect your legal position, your insurance position and your professional reputation. The key is to act early, keep records, avoid unsupported admissions and work with the insurer, broker or legal advisers involved in the claim.

Published: Thursday, 13th Feb 2025
Author: Paige Estritori