Agents Should Know Common Exclusions in Their E&O Policies (2024)

Agents Should Know Common Exclusions in Their E&O Policies (1)

Common Exclusions in an Insurance Agent’s E&O Policy

  • Post published:March 7, 2023
  • Post category:E&O

Errors and omissions coverage is necessary for independent insurance agents and brokers. But do you know about the common exclusions often found in E&O policies designed for insurance agents? It’s critical to understand how your coverage works and the nuances of how exclusions are applied to protect yourself from risk.

Read more about E&O coverage, conditions, and common exclusions now, then review your own policy for specifics about your coverage.

Common Exclusions Found in Insurance Agent’s E&O Coverage

Every insurance policy has exclusions, including E&O policies. Here are some common exclusions to watch for:

  • Dishonest, intentional, or criminal acts. Like most insurance policies, a typical E&O policy for insurance agents excludes dishonest, criminal, fraudulent, or malicious actions. While this exclusion is routine in most insurance policies, agents should be aware of it.
  • Cyber losses related to data breaches. This type of loss is typically excluded under the E&O policy since coverage is granted under a cyber liability policy. Agents should review their policy for more cyber-related conditions and exclusions. Consider a specific cyber liability policy to secure coverage for losses related to data breaches and other cyber-attacks.
  • Bodily injury and property damage losses. An agent’s commercial general liability policy extends coverage for bodily injury and property damage and these types of losses are excluded from most E&O policies.
  • Workplace harassment, unlawful termination, and discrimination. These types of claims generally fall under the EPLI (Employment Practices Liability Insurance) coverage. Workplace claims are generally excluded from E&O coverage.
  • Workplace injuries. Work-related injuries and illnesses fall under workers’ compensation coverage in most cases. Because coverage is afforded under another policy, it is excluded under the E&O policy.
  • Losses arising out of ancillary services. If you provide additional services to your clients that don’t fall under typical insurance business, losses related to those services are likely excluded from coverage under the E&O policy. There may be coverage under other policies. If you perform other services that are not insurance-related, understand whether you have coverage or not for losses related to these services.

How Insurance Agents Can Manage Common Exclusions in Their E&O Policy

First, read your policy. This is basic advice you likely give all of your policyholders, and you should follow it, too. Read through your policy and pay particular attention to conditions and exclusions. As an agent, you already know the policy wording is critical to your coverage so take the time to read your policy.

Next, review the basics when it comes to E&O claims. Check out this helpful blog by the American Agents Alliance discussing ten procedural mistakes agents make that can lead to E&O claims. Attend training as part of your annual continuing education credits and talk about potential E&O exposures in your agency.

Finally, follow best practices and standard procedures for every interaction and with every customer. Document coverage conversations and make sure rejections are signed and in the file. Manage common exclusions in your E&O policy by knowing what they are and managing your communications and files accordingly.

While E&O coverage isn’t required for insurance agents, many agents decide to purchase the coverage to protect their agency and themselves. Additionally, some carriers require agents to carry E&O coverage before they can write business for the carrier.

Refresh Your E&O Coverage with the American Agents Alliance

Members of the American Agents Alliance can request a free quote for E&O coverage. If your policy needs a refresh, request your quote today. Join the American Agents Alliance today to access this and other valuable member benefits.

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Agents Should Know Common Exclusions in Their E&O Policies (2024)

FAQs

Agents Should Know Common Exclusions in Their E&O Policies? ›

Common Exclusions Found in Insurance Agent's E&O Coverage

What are common exclusions in an insurance agent E&O policy? ›

insured - E&O insurance policies typically exclude claims between two parties who are insured under the same policy. Dishonest, criminal, fraudulent or malicious acts. Bankruptcy or insolvency of any party. Liability of others assumed under contract.

What is usually excluded under errors and omissions insurance? ›

E&O insurance doesn't cover claims for property damage, bodily injury, workplace injuries, data breaches, intellectual property violations, or criminal acts such as fraud.

What is a claims made exclusion in an errors and omissions policy? ›

Most policies include an explicit exclusion for any claim arising from intentional, fraudulent, dishonest, or criminal acts. So, no matter how troubling a client might be, your E&O insurance will not cover damages claimed if you intentionally cause the client harm.

What does many E&O insurance policies have ownership exclusions mean? ›

Ownership exclusion means that the policy doesn't cover claims related to property that the insured or a related party owns or has a financial interest in.

What are the major exclusions of the policy? ›

The three major types of Exclusions are: Excluded perils or causes of loss. Excluded losses. Excluded property.

What are the most common E&O claims? ›

Examples of E&O Claims
  • Breach of contract. Clients can sue tech companies for breach of contract if the delivered product or service does not align with the details stipulated in the contract. ...
  • Breach of warranty. ...
  • Negligence. ...
  • Copyright infringement. ...
  • Fraud. ...
  • Misrepresentation. ...
  • Defamation. ...
  • Cyber crime.

What are exclusions from coverage? ›

An exclusion is a provision within an insurance policy that eliminates coverage for certain acts, property, types of damage or locations. Things that are excluded are not covered by the plan, and excluded costs don't count towards the plan's total out-of-pocket maximum.

What errors and omissions insurance is not likely to cover? ›

Errors and omissions insurance covers professional mistakes made by your employees or you, but it does not cover claims made against you as their employer. If a former employee sues you for discrimination or wrongful termination, E&O insurance cannot help you.

Which of the following people would be covered under her errors and omissions policy? ›

An errors and omissions insurance policy will generally cover the business owner along with all salaried and hourly employees of the company. Most policies also extend to provide coverage for any subcontractors you have working on behalf of your business.

Which of the following is usually excluded under errors and omissions insurance? ›

Like most insurance policies, a typical E&O policy for insurance agents excludes dishonest, criminal, fraudulent, or malicious actions. While this exclusion is routine in most insurance policies, agents should be aware of it.

What is the main reason for successful E&O claims against agents? ›

The Top 3 reasons for Errors and Omissions claims against real estate agents are: Misrepresentation. Failure to disclose something which should have been disclosed. Negligence.

Are all E&O policies claims made? ›

Most general liability insurance policies for businesses are occurrence based policies, while errors and omissions (E&O) coverage is typically claims made.

What is the professional E&O exclusion? ›

As a modification of commercial general liability (CGL) policies, the exclusion serves to segregate general liability from professional (errors and omissions (E&O)) exposures, leaving only the former insured.

What is something that an E&O policy can cover? ›

Errors and omissions insurance, also called E&O insurance, protects businesses against claims of mistakes, negligence, inadequate work, inaccuracies, misrepresentation or similar allegations. Your business should have E&O insurance if it provides services to customers for a fee.

What is the limit on E&O policies? ›

The limits on E&O coverage vary significantly, from $250,000 to $2 million. Errors and omissions coverage with $1 million / $1 million limits is the most popular option for small businesses. This includes: $1 million per-occurrence limit.

What are some examples of activities that may be exclusions in a professional liability insurance policy? ›

Insurers will not cover claims if the insured acted intentionally. If a professional knowingly provides bad advice or knowingly deceives their client, for example, and the client sues, their professional liability policy will not cover legal fees, settlements, or other related costs.

What are the key person insurance exclusions? ›

The most common key person insurance exclusions are fraud, misrepresentation, and suicide. A claim can be denied in case of a proven instance of intentional dishonesty. During the first two years of every life insurance policy, there is a contractual clause known as the contestability period.

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