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.

You Might Also Like

Leave a Reply

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

FAQs

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.

Which of the following is an exclusion from coverage under E&O policies? ›

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 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 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 common exclusions with a liability policy? ›

For example, general liability policies generally exclude product liability coverage for bodily injury or property damage caused by goods you make or sell.

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 is not covered under Coverage E? ›

The major exclusions include nuclear liability, physical harm to the policyholder, injury to people who are eligible for workers' compensation, and damage to property under the care of the policyholder (except for explosions, smoke, or fire).

What is covered under E&O? ›

Professional Liability insurance, also known as Errors and Omissions (E&O) coverage, is designed to protect your business against claims that professional advice or services you provided caused a customer financial harm due to actual or alleged mistakes or a failure to perform a service.

How to avoid E&O claims? ›

To prevent this scenario, minimize the number of agents working with the same client. Fewer people means fewer breaks in communication where errors could occur. In addition, have the client and the agent double-check their information to ensure everything is as it should be.

What is an example of an error and omissions claim? ›

Real estate agent forgetting to include important details about a home. The buyer files a claim against your real estate firm for negligence. Marketing consultant providing advice that caused your client to lose money on their product or service. They file a claim against your marketing company as a result.

What are the two types of limits offered in E&O policies? ›

Errors and omissions insurance (E&O), also known as professional liability insurance, often includes two types of policy limits. The aggregate limit is the total amount your provider will cover for the policy term (usually one year). The per occurrence limit is the amount your provider will cover in a single claim.

What is a common exclusion to property insurance coverage? ›

Standard homeowners insurance does NOT cover damage caused by flooding, earthquakes, termites, mold, or normal wear and tear.

What are common exclusions in an insurance agency and no policy? ›

Common examples of insurance policy exclusions include intentional acts, wear and tear, nuclear hazards, war, and governmental action.

What is ownership exclusion? ›

An exclusion occurs when the Assessor does not reassess a property upon change in ownership or completion of new construction as generally required under Proposition 13. Exclusions are enacted by constitutional or statutory provisions in the California Revenue and Taxation Code.

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 standard policy exclusions? ›

Expense incurred on rehabilitative treatment i.e. treatment to restore an individual's health to normal after an addiction or illness is a standard exclusion. In the same vein, any treatment to address a spiritual/ emotional need remains an exclusion.

What are standard exclusions for umbrella and excess policies? ›

An umbrella policy generally does not provide coverage for: your injuries or damage to your personal property. a criminal or intentional action causing damage to someone else. liability you assume under a contract.

What are the standard exclusions in a general liability policy? ›

Typical exclusions will include liability for injuries covered by other policies, such as injuries to your own employees and liability for activities not really a part of your business, such as playing on the company softball team.

Top Articles
Latest Posts
Article information

Author: Trent Wehner

Last Updated:

Views: 6121

Rating: 4.6 / 5 (56 voted)

Reviews: 95% of readers found this page helpful

Author information

Name: Trent Wehner

Birthday: 1993-03-14

Address: 872 Kevin Squares, New Codyville, AK 01785-0416

Phone: +18698800304764

Job: Senior Farming Developer

Hobby: Paintball, Calligraphy, Hunting, Flying disc, Lapidary, Rafting, Inline skating

Introduction: My name is Trent Wehner, I am a talented, brainy, zealous, light, funny, gleaming, attractive person who loves writing and wants to share my knowledge and understanding with you.