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Many small businesses only discover insurance exclusions after a claim has been denied. This article explains the most common exclusions in professional indemnity and public liability insurance, how they affect small businesses and what you can do to reduce the risk of unexpected coverage gaps.

Professional indemnity (PI) and public liability (PL) insurance are essential protections for Australian businesses — but neither policy covers every scenario. If you assume your insurance 'just covers it', exclusions can leave you exposed to significant financial and legal risk.

  • Professional indemnity insurance (PI) covers claims arising from errors, omissions or negligent professional advice. It is an essential form of protection for any business that provides a service and covers an extremely broad range of professions, from architects to hairdressers — in case a client or customer makes a claim of professional misconduct, malpractice or failure of duty in providing a professional service.
  • Public liability insurance (PL) covers claims for personal injury to the public or damage to their property, caused by your business activities. It is an essential protection for businesses that interact with any members of the public. It covers legal costs and compensation if you're found responsible for accidents that happen at your premises or as a result of your work.

Some exclusions apply across both policies, while others are specific to one. We've clearly identified which exclusions affect PI, PL — or both.

PI and PL policy exclusions to be aware of

Common exclusions that can affect both PI and PL insurance

  • Prior known circumstances
  • Intentional or fraudulent acts
  • Fines and penalties
  • Insolvency and trade debt losses

Professional indemnity insurance exclusions small businesses often miss

  • Contractual liability beyond professional duty
  • Claims outside your defined professional services
  • Incidents outside the policy period (claims made cover) which occurred before or after the dates covered by the policy
  • Work performed without the required licensing or registration

The above list isn't exhaustive — you may encounter other types of exclusions in the PI or PL policies offered by different insurers. Gallagher insurance brokers are experts in policy wordings and can advise clients on where and when exclusions may apply.

Small business PI example

An architect accused of providing faulty design plans that led to delays and losses on a construction project lodged a claim under her PI policy, but during the investigation it was discovered that the issues had occurred before the policy's specified start date and were therefore excluded from insurance cover.
The same terms also applied to incidents that occurred after the policy's end date.

Public liability insurance exclusions to be aware of

  • Damage to your own property
  • Product recall and product guarantee claims
  • Asbestos, pollution and high risk activities

Small business PL example

A contractor working on a property adjacent to a sports field inadvertently uncovers asbestos during demolition and is held liable for potential pollution. Under the terms of his PL policy, asbestos-related coverage is explicitly excluded.

How small businesses can reduce the risk of insurance gaps

With expert broker advice and effective insurance and risk planning, reduce the potential for insurance exclusions to create unexpected impacts on your business. Key areas to address include:

  • Review exclusions at every renewal, not just the premium.
  • Ensure that your professional services description matches what you actually do.
  • Check contracts for liability clauses that may fall outside policy cover, especially when signing new client contracts.
  • Understand which risks require policy extensions or separate insurance policies.
  • Leverage the services of an insurance broker to gain expert advice and insights into insurance coverage conditions and factors relevant to your business.

Access comprehensive coverage — talk to a business insurance expert

Understanding the exclusions and limitations of insurance cover is vital for protecting your business from potential gaps in coverage. Connect with our team of insurance experts to gain valuable advice about insurance policy coverage to best protect your business when renewing or taking out new business cover.

Last updated 8 April 2026

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Disclaimer

Gallagher provides insurance, risk management and benefits consulting services for clients in response to both known and unknown risk exposures. When providing analysis and recommendations regarding potential insurance coverage, potential claims and/or operational strategy in response to national emergencies (including health crises), we do so from an insurance and/or risk management perspective, and offer broad information about risk mitigation, loss control strategy and potential claim exposures. We have prepared this commentary and other news alerts for general information purposes only and the material is not intended to be, nor should it be interpreted as, legal or client-specific risk management advice. General insurance descriptions contained herein do not include complete insurance policy definitions, terms and/or conditions, and should not be relied on for coverage interpretation. The information may not include current governmental or insurance developments, is provided without knowledge of the individual recipient's industry or specific business or coverage circumstances, and in no way reflects or promises to provide insurance coverage outcomes that only insurance carriers' control.

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