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3 Steps to Protect Yourself from an Errors and Omissions Claim

3 Steps to Protect Yourself from an Errors and Omissions Claim

Mar 20, 2015, 2 Minute Read

As brokers and agents, you are familiar with the provisions of ERISA, HIPAA and other long-standing regulations that affect your business. And you have purchased errors and omissions (E&O) coverage to protect yourself and your business, should a claim be brought against you. It’s not as uncommon as you would think. According to Insurance Business America, one in seven agents (15%) can expect to incur an E&O claim or lawsuit at some point in their career.

Now, as provisions of the Affordable Care Act (ACA) ripple through our industry, we think E&O claims are likely to increase. Employers face an entirely new set of legal and tax consequences in the benefits area and who do they look to for advice? You, their trusted benefits advisor. How can you protect yourself from claims and if there is a claim how should you handle it?

Here are three steps to protect yourself and handle claims:

  1. Review your E&O policy with your trusted commercial insurance advisor. Ensure the coverage amounts are adequate for a business of your size and make certain that your policy covers you from ACA-related claims (no exclusions). If it does not, consider changing policies.
  2. Review and if necessary, modify how you advise prospects and clients. While a good E&O policy will protect you from a wide range of claims related to your advisory services, with all the new ACA questions from individuals and employers, you may be tempted to offer advice that is best left to a tax or legal professional. Be careful not to cross that line.
  3. Should you be subject to an E&O claim or become aware of legal action against you, read this helpful “Do’s and Don’ts” article recently published in Insurance Business America.

Following these three steps will put you in a much better position to handle an E&O claim, should it arise. At Claremont, we recently reviewed our E&O policy with our commercial insurance advisor and confirmed that our policy covers claims related to ACA. If you would like to have your policy reviewed, we would be pleased to recommend our advisor. For assistance, call us at 800.696.4543.

Contact us at 800.696.4543 or