Do you need an LLC or just better insurance?
- Brandi Joffrion
- Jun 15, 2024
- 2 min read
Usually both, and if you can only do one right now, do the insurance.
This is not the answer people expect from a lawyer, but it's what fifteen years of watching claims taught me.
What insurance does that an entity doesn't
It pays. If something goes wrong, insurance provides money to resolve it. An entity provides a boundary — it can limit what a claimant reaches, but it doesn't pay anyone.
It defends you. Most liability policies cover the cost of defense, which is frequently the largest expense in a dispute. An entity provides no defense.
It covers your own conduct. An LLC doesn't shield you from liability for what you personally did. Professional and general liability policies often do.
What an entity does that insurance doesn't
It caps exposure beyond your coverage. When a claim exceeds policy limits, the entity boundary matters.
It separates ventures. Multiple businesses or properties in separate entities keeps trouble in one from reaching the others.
It handles contract liability. Insurance covers claims, not the business's own contractual obligations.
It structures ownership. Partners, transfers, succession — an insurance policy does none of that.
How they work together
Insurance handles the likely. The entity handles the catastrophic and the structural. Neither substitutes for the other, and an entity with no insurance behind it is a boundary around an empty room.
The most common mistake
Forming an LLC, feeling protected, and never revisiting coverage. Then a claim arrives, the policy limit is a fraction of it, and the entity turns out to hold the assets the claimant wanted anyway.
What to do
Find your current policy and read the limits and exclusions. Ask whether they'd cover a realistic bad day in your business.
If they wouldn't, that's the first fix. Then structure.
This is general information, not legal advice for your situation. If you want an answer for your business, book a consultation.
