I shot a 10-hour wedding. When I got home, the primary SD card was unreadable. The backup slot hadn’t written correctly. I had zero photos of the ceremony. The bride sued me for “Mental Anguish” and demanded a full refund plus damages. My gear insurance paid for the $100 SD card but laughed at the $20,000 lawsuit.
Key Takeaways
- General Liability ≠ Professional Liability: GL covers bodily injury (trip and fall). Professional Liability (Errors & Omissions) covers failure to deliver services (corrupted photos, bad audio, missing the kiss).
- “Voluntary Settlement” Clause: Don’t offer a refund or admit fault until you talk to insurance. E&O policies often cover the cost to reshoot (staging the portraits again) but require insurer approval.
- Mental Anguish: In 2026, lawsuits for “emotional distress” over lost wedding photos are common. E&O covers the legal defense costs.
- Data Recovery Rider: Some policies pay for forensic data recovery (DriveSavers) before paying out the lawsuit.
The “Why” (The Trap)
The trap is “Property vs. Service.”
Your camera insurance covers the camera.
The lawsuit is about your Service.
If you don’t have Professional Liability (E&O), you are naked against a lawsuit for bad work or lost data.
Note: PPA’s “Indemnification Trust” is not insurance; it’s a trust fund that might help with negligence, but has strict caps and rules.
The Investigation (My Analysis of E&O)
I looked at who saves your career when the card fails.
Hill & Usher (Package Choice)
- The Coverage: Includes E&O.
- The Benefit: Pays for “Reshoot Costs” (flying the couple back, hair/makeup, venue rental) to recreate the photos.
PPA (Indemnification Trust)
- The Coverage: Covers “Negligence” and “Data Loss.”
- The Limit: Varies, but helps pay for the reshoot. It is a malpractice trust, technically not insurance.
DriveSavers Partner Benefits
- The Tech: Before claiming E&O, send the card to DriveSavers. PPA members get a discount. If they recover the data, the lawsuit disappears.
[IMAGE: Photo of a computer screen showing “Disk Error: Card Unreadable” with a blurry wedding dress in the background]
Comparison Table
| Feature | General Liability | Professional Liability (E&O) | Equipment Insurance |
| Covers Corrupted Data? | No | Yes | No |
| Covers Lawsuit Defense? | No | Yes | No |
| Covers SD Card Cost? | No | No | Yes ($50) |
| Covers Re-Shoot Cost? | No | Yes | No |
Step-by-Step Action Plan
- Stop Touching the Card: Do not format. Do not try free recovery software. You might overwrite the sectors.
- Send to Forensic Lab: Pay the $1,500 for DriveSavers or LC Tech. It is cheaper than a lawsuit.
- Notify Carrier: “Potential Claim.” Tell them what happened. Do not admit liability to the client yet.
- Review Contract: Your contract must have a “Limit of Liability” clause capping damages at the cost of the package (e.g., “Refund only”). This protects you if insurance caps out.
FAQ
Does E&O cover if I just take bad photos?
Technically yes (“failure to deliver artistic standard”), but the insurer might drop you afterwards.
What if I lose the footage because I was drunk?
Denied. “Gross Negligence” or “Intoxication” exclusions apply.
Is E&O expensive?
It adds about 500/year to a policy. Essential for wedding shooters.