Most Common Errors Attorneys See When Defending Agents

Swiss Re Corporate Solutions panel counsel attorneys average almost 25 years of eo-2018-we-got-your-back_400x400experience in defending insurance agent’s E&O claims.  They have seen the good, the bad, and the ugly.  We asked them to provide their thoughts on the common errors they see agents make, causing them to be involved in an E&O claim. Review the items listed below and take stock of your agency’s performance and if there are areas of improvement needed to prevent these errors.  Share these common errors with agency staff to get them thinking about how they are the first line of defense to avoiding E&O claims.

Most Common Errors Attorneys See When Defending Agents

  • Attempts to negotiate with the carrier on behalf of the customer after the denial of a claim
  • Failing to document coverage discussions where the customer declined to purchase coverage, including higher limits
  • Lack of timeliness in delivering the policy to the customer
  • Failing to comprehensively document telephone conversations with customers
  • Lack of compliance with carrier requirements in placing coverage
  • Failing to follow internal steps outlined in the agency’s procedures manual
  • Lack of communication in understanding the customer operation or coverage needs
  • Failure to respond in a timely fashion to customer inquiries and questions
  • Dabbling – getting outside of the agent’s expertise
  • Not identifying differences in coverage when renewing a policy on a different policy form
  • Making coverage determinations on behalf of the carrier
  • Failing to discuss updating coverage as their customer grows
  • Not getting signed applications from their customers
  • Holding yourself to be an expert or risk manager when you are not
  • Lack of knowledge of the product they are selling
  • Overstating or misrepresenting the products coverage

Copyright © 2018, Big “I” Advantage, Inc. and Westport Insurance Corporation. All rights reserved. No part of this material may be used or reproduced in any manner without the prior written permission from Big “I” Advantage. For permission or further information, contact Agency E&O Risk Manager, 127 South Peyton Street, Alexandria, VA 22314 or email at


Have questions about your E&O or need a quote? 
Contact IIAT Advantage E&O’s Cari Senefsky or Gunnar Kephart at 800.880.7428.

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