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Which Professions Must Carry Professional Liability Insurance in Washington and Idaho?

Few professions are required by state law to carry professional liability insurance. Idaho requires it for lawyers who represent private clients and for every active real estate licensee. Washington requires E&O or an equivalent for escrow agents and offers it as one option for structural pest inspectors, and requires lawyers without minimum coverage to tell clients. Architects, engineers, CPAs, and home inspectors have no licensing requirement in Washington.

By Trella Commercial · Updated October 24, 2026

The short version

  • Required in Idaho: lawyers who represent private clients ($100,000 / $300,000) and all active real estate licensees ($100,000 / $300,000 for individuals, $500,000 / $1,000,000 for firms).
  • Required or one option in Washington: escrow agents (E&O or a deposit, plus a fidelity bond) and structural pest inspectors (E&O is one way to show financial responsibility).
  • Disclosure instead of a requirement: Washington lawyers without $100,000 / $300,000 must tell clients in writing and get written consent.
  • No requirement in the licensing law: architects, engineers, land surveyors, CPAs, individual appraisers, and insurance agents in both states; real estate brokers and home inspectors in Washington.
  • Contracts still require it. Where the law is silent, client and government contracts often decide. See when a contract requires E&O.

Profession by profession

ProfessionWashingtonIdaho
LawyersNot required. A lawyer in private practice without coverage of at least $100,000 per occurrence and $300,000 aggregate must disclose that in writing and get the client's written consent (RPC 1.4(c)); each lawyer's insurance status, certified to the WSBA every year, is made public (APR 26)Required for lawyers who represent private clients: at least $100,000 per occurrence and $300,000 aggregate, with a lapse reported to the Bar within 30 days (Bar Commission Rule 302)
Real estate licenseesNo E&O requirement in the brokerage law (chapter 18.85 RCW)Required for every active licensee: $100,000 / $300,000 for individuals and $500,000 / $1,000,000 for firms, not counting defense costs, deductible no more than $3,500, extended reporting period of at least 90 days (Idaho Code 54-2013; IDAPA 24.37.01.100)
Escrow agentsE&O of at least $50,000 aggregate or a $50,000 cash or securities deposit, plus a $1,000,000 fidelity bond and, unless the fidelity bond has no deductible, a $10,000 surety bond (RCW 18.44.201)Not reviewed in this guide
Structural pest inspectorsFinancial responsibility required; a $25,000 E&O policy is one option, alongside bonds or an assigned account (RCW 15.58.465)Not reviewed in this guide
Interior designersNot reviewed in this guideCertified interior designers filing technical submissions for a building permit must show proof of professional liability insurance (Idaho Code 54-306)
ArchitectsNo requirement (chapter 18.08 RCW)No requirement (Idaho Code chapter 54-3)
Engineers and land surveyorsNo requirement (chapter 18.43 RCW)No requirement (Idaho Code chapter 54-12)
CPAs and CPA firmsNo requirement; the law lets the Board of Accountancy require it by rule, but its rules do notNo requirement in the Accountancy Act
Home inspectorsNo E&O or general liability requirement (chapter 18.280 RCW)Not reviewed in this guide
AppraisersNo E&O requirement for individual appraisers (chapter 18.140 RCW)No E&O requirement for individual appraisers (Idaho Code chapter 54-41); appraisal management companies post a $25,000 surety bond or letter of credit (Idaho Code 54-4124)
Insurance agents and brokersNo E&O requirement in producer licensing law (chapter 48.17 RCW)No E&O requirement in producer licensing law (Idaho Code chapter 41-10)

Bonds are not E&O

Some professions post a surety bond instead. Notaries in both states post a $10,000 bond, and Washington mortgage brokers post surety bonds. A bond protects the public; if the surety pays a claim, the bonded professional usually has to repay it. It does not defend you or pay claims on your behalf the way E&O does.

Where the law is silent

Even without a licensing requirement, many professionals face E&O requirements from:

  • Client contracts and MSAs, which often set limits and post-contract coverage
  • Government contracts, such as Washington's statewide IT contract (technology E&O of $2,000,000 per occurrence when the purchaser requests it) and Idaho Department of Education standard terms ($1,000,000 per occurrence)
  • Professional associations and lenders, depending on the field

Paste a contract into our contract insurance checker to see what it requires.

More: professional liability guide, architects and engineers, accountants and bookkeepers, law firms, and real estate agents.

Common questions

Is E&O insurance required by law in Washington?

For most professions, no. Escrow agents must carry E&O or post an equivalent deposit, structural pest inspectors can use E&O to meet a financial responsibility requirement, and lawyers without minimum coverage must disclose that to clients. Architects, engineers, CPAs, home inspectors, and real estate brokers have no licensing requirement.

Do real estate agents need E&O in Idaho?

Yes. Every active Idaho real estate licensee must carry E&O: at least $100,000 per occurrence and $300,000 aggregate for individuals, not counting defense costs, with at least a 90-day extended reporting period.

Do lawyers need malpractice insurance in Washington?

Washington does not require it, but a lawyer in private practice without at least $100,000 per occurrence and $300,000 aggregate must tell clients in writing and get their written consent. Idaho requires lawyers who represent private clients to carry it.

Do CPAs need professional liability insurance?

Neither state's licensing law requires it. Washington's law lets the Board of Accountancy require it of firms by rule, and the Board has not. Client engagements and lenders often do.

Sources

This guide is general information, not legal advice. Requirements were checked against primary sources in October 2026; we review statutes and rules, and licensing boards can change their rules.

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