LAND SURVEYORS PROFESSIONAL LIABILITY PROGRAM ENDORSEMENTS

(July 2024)

Land Surveyors Professional Liability insurance is written by a small group of specialty insurance carriers, so the basic coverage forms are not standardized. Naturally, no standardization exists for the supplemental forms that are used to modify these policies. While we are unable to supply standard form number references, we can offer some information on typical situations that are the basis of coverage modification in this line of business.

Asbestos Liability

This is optional coverage needed by firms that have a significant percentage of their work involving site redevelopment and similar activities. The coverage is to protect against a negligent release of asbestos and similar materials while performing their work.

Construction Work Services

Most policies contain an exclusion for professional liability related to construction, erection, fabrication, installation, manufacture or demolition of any building or structure. This endorsement buys back the coverage.

Contractual Liability

Liability assumed under any contract is excluded. This endorsement buys back the coverage but only for the contractual obligations listed within the endorsement.

Engineering Services

Many surveyor operations are combined with engineering and architectural activities. Surveyor Professional liability was an outgrowth of being an endorsement or modification to engineering and architect liability policies. Now, with the availability of distinct surveyor coverage, endorsements are necessary to handle the liability created by activities that fall outside of surveying, such as material testing, construction inspection, structural design, construction drawings, site planning, road design, etc.

Extended Period for New Acquisitions

A provision that, immediately upon the date a new entity is acquired, the policy’s coverage is extended for a longer time period. After the applicable deadline passes, the acquisition must be reported in order to continue coverage. Naturally, coverage from that point will be accompanied by additional premium.

Mediation Credit

A provision which provides a specified credit when a dispute is successfully handled via mediation rather than, typically more expensive, litigation.

Own Products

Some surveying firms have such a high level of expertise and ingenuity that they have developed their own specialty equipment that is sold and used by others. This coverage protects them against the accompanying product liability exposure.

Reimbursement Extensions

This refers to optional provisions intended to preserve an insured’s ability to immediately address costs that could impact defense against a lawsuit or to address expenses to mitigate harm to a company’s reputation. They allow an insurer to assist a policyholder in covering defense costs involving regulatory (e.g., ADA FHA, OSHA, etc.) actions, disciplinary proceedings, exhausted defense limit, punitive actions, or additional costs for managing reputation exposures. Per provision requirements, the policyholder pays the insurer back.

Retirement/Past Acts Coverage

This option protects against two distinct exposures. One is to continue protection for retired surveyors who are no longer active, but who still are exposed to losses that have yet to develop. The other is for entities that are still actively working but may face liability for work performed prior to the date of their existing coverage, while they worked for themselves or others.

Subsurface or Ground Testing Coverage

Subsurface or ground testing is a more exacting survey. It is used in the mining industry but could also apply to other industries. This coverage is needed for only a subset of land surveyors so coverage for it must be purchased separately.

Technology risk coverage

This option provides protection against loss involving allegations of violating a copyright, rights of privacy, or damage arising from data handling as well as from hosting a website.

Tunnels or Bridges Coverage

Most policies will provide coverage for small tunnels and bridges but over a set length the coverage is excluded. This coverage is needed by the subset of land surveyors who are qualified to survey these structures. This endorsement may be used to provide their needed coverage.