What is E&O insurance?

E&O stands for Errors & Omissions insurance, also called Professional Liability or Malpractice Insurance. It covers you for claims arising from an unintentional wrongful act committed by you or your employees during the policy period, or subsequent to the retroactive date on the policy.

What is my retro date and how does it impact my coverage?

The retroactive date is when you first purchased the claims-made policy and after which you have maintained continuous coverage. A gap could cause you to lose your retro date — meaning no coverage for services performed prior to the new date.

What constitutes a claim?

A claim includes: a written demand seeking damages; any suit seeking damages; any circumstance that could reasonably give rise to a future claim (must be reported to the carrier immediately); or a written request to toll the statute of limitations.

What is an extended reporting period (tail)?

An extended reporting period extends the time you can report claims under a specific policy after it ends. Most often purchased when a company is going out of business, or when a replacement policy has an advanced retro date that won't cover prior work.

To whom do I report a claim from a previous policy period?

As long as you've maintained your retroactive date, report claims to the carrier under the policy in force at the time the claim is made — unless an extended reporting period applies.

When do I need to report a claim?

As soon as you become aware of any circumstance that may reasonably lead to a claim. Failing to report promptly may give the carrier the right to decline coverage under the prior knowledge exclusion.

What is the prior knowledge exclusion?

Most carriers exclude coverage for prior litigation, wrongful acts, or circumstances that occurred prior to the policy inception which you were aware of, or could have reasonably foreseen would lead to a claim.

Are independent contractors covered under my policy?

Every carrier is different. Common approaches: covering them as insureds; excluding them completely; requiring them to maintain their own coverage; or covering only your vicarious liability. Talk to your agent about how you'd prefer your policy to respond.

Does my E&O policy cover privacy or security breaches?

Very few E&O policies offer meaningful coverage for privacy or security breaches — and some now include explicit exclusions. We strongly recommend a standalone Cyber Liability policy.

Do I need fidelity coverage?

If you have employees — yes. Pennsylvania requires title agents to carry a minimum of $150,000 of employee theft coverage. We recommend a broader Commercial Crime policy with higher limits covering third-party crime as well.

Still have questions? Contact us directly — we're happy to help.