Professional indemnity insurance protects professionals and service firms against claims for financial loss arising from negligence, errors, omissions or breaches of professional duty. In Hong Kong, PI insurance is legally mandatory for solicitors under the Law Society's Professional Indemnity Scheme, for insurance intermediaries under the Insurance Ordinance (Cap. 41), and for accountants in corporate practice under HKICPA requirements. For many other professions including management consultants, technology companies and architects, PI is not mandated by law but is regularly required by corporate clients as a condition of contract.
Public liability covers your legal responsibility for bodily injury or physical property damage caused to third parties through your business operations. Professional indemnity covers financial losses suffered by clients as a result of your professional negligence or errors. A management consultant or software developer is unlikely to cause bodily injury to a client, but may well cause financial loss through incorrect advice or a failed system. Most professional services firms need both types of cover.
Under a claims-made policy, it is the policy active when a claim is first made and reported that responds, not the policy that was in force when the work was done. This means you must maintain uninterrupted PI cover at all times. If you let your policy lapse and a client later raises a claim relating to old work, you may find yourself without cover even though you were insured when the work was carried out.
The retroactive date defines how far back your current policy will cover claims arising from past work. Provided you have held PI insurance without any gap since you started practising, your retroactive date should match your first policy inception date, giving you broad historical protection. If you switch insurer without confirming the retroactive date carries over, or if your cover lapses, you risk losing protection for work done in previous years.
The right limit depends on your profession, fee income, the scale of your projects and any contractual obligations imposed by clients. Solicitors must hold a minimum of HK$20 million per claim under the PIS. Accountants in corporate practice have statutory minimums based on a fee income formula. For unregulated professions, we recommend starting with your largest single contract value as a reference point and working upward from there. Overseas clients in the US, UK, Europe and Australia often require higher limits than are standard in the local Hong Kong market.
There is no general legal requirement for freelancers and sole practitioners to hold PI insurance in Hong Kong, unless they fall under a regulated profession. However, the practical risk is often higher for sole practitioners than for larger firms, because there is no corporate structure to absorb the financial impact of a claim. A single allegation can threaten the entire business. We regularly arrange PI cover for individual consultants, contractors and freelancers across Hong Kong.
Yes. Professional negligence claims can arise years after the work was completed. If you cease practice or wind down your firm without arranging run-off cover, any claims that emerge after your last policy expires will be uninsured. Run-off cover extends your PI protection for a defined period after you stop trading. For most professions, a minimum of six years is recommended, reflecting standard limitation periods under Hong Kong law.