E&O Insurance Warning

Not a question but a statement. Many new Loan Signing Agents make the mistake of buying an E& O insurance policy only to find out later it only covers Notary activity. So beware. Also beware of this, it is apparently industry standard practice to issue a CLAIMS MADE restriction on the policy. I’ve seen this on E.Munroe & Biberk for Loan Signing Agent/Notary and in the case of Biberk it extends to Notary only acts too (not acting as a Loan Signing Agent), I’m not sure about E. Munroe. What this restriction means is that claims are only covered during the TIME THE POLICY IS ENFORCE. This is bad, if you screw up in the last month of the policy and the signer/bank etc. decide a few months later to sue you, you are SCREWED! Biberk says I can buy a rider/policy to extend my coverage period after I allow the policy to lapse.

4 Likes

Thanks Dan, I had an E&O policy from Biberk that covered both my tax practice and NSA work. I had to place a rider on the policy to cover everything NSA related. I’ve since dropped BiBerk, not because they’re a bad company but due to the cost of the policy. I now have a separate E&O policy.

1 Like

They were $25 cheaper for $1,000,000 than Markel. But I prefer Markel, Biberk lied to me, I checked about coverage only during the policy period and was told it covered after the policy period, then I got the policy and say the CLAIMS MADE and called them.

1 Like

Hi Dan. Thanks for posting this!!!
When you say the policy only covers “notary activity,” what else would it cover? Isn’t E&O only for notary activity anyway?
I’ve never heard of Biberk or E.Munroe. Are these companies or insurance providers? (meaning, I buy my policy thru McGlones and the policy is thru Travellers). I’ll definitely ask about the timing cuz problems can arise years after the signing.
Thanks again for the post. I’m about to renew so the timing here is perfect for me.
Terrie

3 Likes

Biberk and Munroe are specialty insurance companies. BiBerk is part of Berkshire Hathaway. Many E&O policies only cover Notary Errors and not signing errors. A signing error would fall into not getting a non-notarizable signature, letting a document fall out of the package, basically anything that would result in delayed closing, funding, or voiding the closing. For example in Texas cash out or equity loans has special handling procedures (signing in the offices of a lender, Title Company, or Law Office). Failing to close a loan outside of these requirements voids the closing. A NSA policy provide broader coverage.

1 Like

Can you recommend a company for NSA insurance?

2 Likes

What company do you use now?

2 Likes

Merchants. I purchased the policy through NNA. Since the NSA business has sunk I separated my NSA business from my tax practice and went with a separate policy. My current commission expires in February and I’m considering not renewing.

1 Like

The explanation of claims made policy is quite not right. It isn’t the best, but doesn’t work in the policy term only. It requires to have continues coverage, so each policy will pay a portion from the claim. If someone had a claim, please, share with us!?

1 Like

The company I used ends the policy and all claims unless the policy is maintained. Unfortunately that means you need to continue the policy after you leave the business. The statue of limitations for liability is 2 or more years for most states.so one must determine how long to keep the protection in effect. But at $400/year for $1 million in E&O that seems a lot. Lastly if only a portion of the claim is paid, the NSA is responsible for the rest and in these days of multi-million dollar properties that could be a lot especially if they add pain and suffering & punitive charges.

2 Likes

I take care of all insurance certifications for the company I work for during the day. You must be very specific about what you need, or insurance companies will not do it. If a company requests they be added as a certificate holder, most insurance companies will let you email them. Keep an insurance log to keep up to date on all expiration dates, and contact them two months in advance for renewals. I have E&O for Notary, Signing Agent, Small Business, and Cyber Security.

4 Likes

Policy Exclusions: E&O insurance policies often have exclusions. These are situations or types of claims that the policy does not cover. Review the policy carefully to understand what is and isn’t covered.

Hello from WA! Prior to my retirement worked for a large company out of Seattle and large insurance broker and bond broker. They were so helpful on providing pointers for insurance and bonds for my business. Went with local WA State Company that has been in business for almost 100 years and always have contact person. They also provide email updates on business changes. Feel very fortunate.

1 Like

Would love to chat more about what the Cyber Security portion entails/covers/what you do that makes it worth it for you. I’m brand new to the Notary world and this platform and don’t know if direct messages are a thing on this platform, please DM if it is!

1 Like

Yes it is … Click on poster’s name and there should be an option in what pops up to send them a private message. A response will show up as a green envelope on your avatar (top right of brown ribbon up above)

1 Like

I’m using HISCOX for my Tax Practice, and Merchants for my NSA Practices.

Another thing to know: Most E&O policies are on a “burning limits” basis. In other words, if you have a claim and insurance pays $1,000.–your future coverage is reduced by that $1,000.

The insurance policies always have exclusions. The exclusions are building the frames for the particular coverage we want to have. This is a general explanation. Always read the exclusions first.

Use HISCOX. They are broader (my impression is from my last use of them)

1 Like

I wonder why the most riskier professions have claim based policy only offered? It is a shame. Isn’t it?