A spoofed email diverted a payment, or a claim arrived after my E&O stopped

Greymill AcademyUS4 min readReviewed Oct 20264 primary sourcesUK version

The short answer

Two consulting losses that land in the gaps between policies: a wire sent to a fraudster without social engineering cover, and a claim on old advice after the E&O has lapsed.

The takeaway. Verify every bank-detail change by phone and buy social engineering cover. Keep E&O continuous, and buy a tail before you close or retire.

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Written for independent consultants, fractional executives and small consulting firms that use employees or subcontractors.

The short version

  1. Verify every bank-detail change by phone.Before money moves, call to confirm. Never confirm by replying to the email that asked for the change.
  2. Add social engineering cover to your policies.Ask for a social engineering or funds transfer fraud endorsement. Without one, cyber and crime policies may pay nothing for a wire to a fraudster.
  3. Keep E&O running, and buy a tail.E&O (professional liability) answers claims first made in the policy year, for work after its retroactive date. Buy a tail before you close or retire.

Professional liability (E&O) is not required by law for most consultants, but nearly every MSA demands it at a stated limit. Buying the limit is the easy part. Two situations show where cover breaks down.

The spoofed wire

For example, your bookkeeper receives an email that looks like it came from a subcontractor, asking for payment to a new account, and wires $38,000. Without a social engineering endorsement, your cyber and crime policies may pay nothing.

  1. Call the bank within hours.Ask it to attempt a recall of the wire.
  2. Report it.File a report with the FBI's IC3.
  3. Close the gap.From now on, verify any change of bank details by phone before money moves, not by replying to the email.
AvoidBuying a cyber policy and assuming it covers a wire sent to a fraudster.
Do this insteadAdding a social engineering or funds transfer fraud endorsement, and confirming every change of bank details by phone.

Cyber cover handles breach response. Without a social engineering or funds transfer fraud endorsement, cyber and crime policies may pay nothing for the diverted wire.

The claim after the policy stopped

E&O is claims-made: it answers claims first made in the policy year, for work done after the retroactive date. Stop the policy when you close or retire and a claim about past advice has nothing to answer it. Keep it continuous, and arrange an extended reporting period, or tail, before you close or retire, so it is in place when the policy ends. Match the tail to how long clients can sue on your contracts: as of Oct 2026, written-contract limitation periods include four years in California and Texas, six in New York and five in Florida.

Read the policy against your MSAs

  • Who decides whether a claim is settled: read the consent-to-settle (hammer) clause.
  • Whether defense costs erode the limit, leaving less to pay the claim itself.
  • That the limits match what each MSA requires.
  • General liability for work at client sites, with certificates naming clients as additional insured.

If you sit on a client's leadership team

The rule

Fractional officers and unpaid payroll taxes

A fractional officer can face personal liability for a client's unpaid payroll taxes under the trust fund recovery penalty, so needs the client's D&O policy to cover them, with run-off after they leave.

IRC 6672

Have an insurance broker licensed in your state match each policy's wording to each MSA before you sign, not after a claim arrives.

Asked in Greymill

Example question and answer from Rules & Licensing
You
My bookkeeper just wired $38,000 to a new bank account our subcontractor emailed us. Turns out the email was fake. We have a cyber policy, so we're covered, right? What do I do now?
Rules & Licensing
Call your bank right now and ask it to attempt a recall of the wire. Hours count.

Then: report it to the FBI's Internet Crime Complaint Center (IC3).

Your policy: cyber cover handles breach response. Without a social engineering or funds transfer fraud endorsement (a policy add-on), your cyber policy and any crime policy may pay nothing for this $38,000.
Check the wording, or ask your insurance broker, to see whether you have one.

So it never happens again:
Verify any change of bank details by phone before money moves, not by replying to the email.
Add the endorsement if you don't have it.

Once the bank call is done, I can draft a one-page bank-detail check for your bookkeeper to follow every time.

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Ask it about your own business

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Your question

I run a consulting business in [state], in the US. My E&O policy has [limit, retroactive date and renewal date] and my cyber policy covers [what it covers]. My MSAs require [limits]. I plan to [keep trading / close / retire] by [date]. Check my cover against my contracts, tell me whether I have social engineering cover and what tail I need, and draft a bank-detail change verification procedure for my team.

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Sources

The primary sources behind this lesson, checked Oct 2026.

  1. IRC 6672 (Insurance: E&O, cyber and contract requirements)
  2. UCC 2-316 (Msa and sow terms, caps and indemnities)
  3. opinion (Msa and sow terms, caps and indemnities)
  4. s.1668 (Msa and sow terms, caps and indemnities)

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