Professional liability insurance as an element of the risk management mechanism for harm caused by the results of professional expertise: the experience of the European Union

Key scientific ideas and proposals.

When different professional groups, such as lawyers, tax consultants, notaries and/or auditors, join together, they are also referred to as interprofessional partnerships. With regard to the chosen legal form and the liability that arises, the same principles apply as for the joint practice of the same profession. This means that all partners who jointly exercise their profession are jointly and severally liable with their personal assets. Therefore, regardless of the minimum required insurance coverage, a single insurance coverage for all partners is recommended. A different rule applies only if a partner has entered into an agreement in their own name, for example in matters concerning themselves or friends, provided that the nature and scope of the mandate differs substantially from the actual focus of the firm’s activities. Furthermore, the purely personal official duties of a notary in a partnership do not establish liability for the partners. In such types of partnerships, each specialist is responsible for obtaining their own professional liability insurance.

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