Tag Archives: Errors and Omissions

Consent to settle clause – is it getting a bad rap?

Do you know what the consent to settle clause in an E&O policy is commonly referred to? The Hammer clause. The hammer that when the agency does not want to agree to what the E&O carrier believes they can settle … Continue reading

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There is real danger if you admit liability (without the consent of your E&O carrier)

When it comes to your E&O insurance, admitting liability is definitely something that you want to avoid. Quite honestly, the admission of liability can totally change the direction of a potential E&O matter facing your agency. Virtually every E&O policy … Continue reading

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Documentation needs to be handled promptly

For as long as the concept of E&O has been around, one of the key phrases has been “Document, Document, Document”. This is so for good reason. The degree of documentation is one of the main drivers that can either … Continue reading

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Do your branch offices have the proper E&O culture ?

Remember this old game – tell something to the first person in line and ask that they tell the next person what they were told and have that person tell the next one, etc. Invariably, when you ask the 10th … Continue reading

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Wisconsin Court: Bulldog Attack Not Covered by Insurance Policy

As I have referenced numerous times over the last 8 years or so, dog bites are generating a significant number of liability claims and based on policy language and potentially other issues (such as underwriting guidelines), some of those liability … Continue reading

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“Stated value” vs “Agreed Value” – aren’t they the same?

No, they are not. Which one is better? Let’s take a look… Here is the traditional definition of “Stated Value”: “In the event of a total loss we will pay the Stated Value or the Actual Cash Value, whichever is … Continue reading

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Include specimen policies with the proposals

Have you ever had a situation where your client had a loss before the policy was even issued? It happens, and it actually happened to me back in my days as an underwriter. My account (a big printer) had a … Continue reading

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Does your proposal include this?

Let me ask you a question: When you provide a proposal to a client (current or prospective), what information are you using to develop that proposal? While there may be some information you can gather from websites or other third … Continue reading

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How does your E&O policy address “subpoenas”?

One only needs to access the news on virtually a daily basis to hear the reference to a subpoena. It is vital that agencies (especially management) be aware that the word subpoena can find its way into the insurance agency … Continue reading

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Frequency down; Severity up

Going back to the late 80s (when I first started in an E&O management position), the frequency numbers were off the charts (but not in a good way). Frequency (a measure of the number of E&O claims as a percentage … Continue reading

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