Practice Areas & Industries: Goldberg Segalla LLP

 




Professional Liability (Errors and Omissions) Return to Practice Areas & Industries

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Practice/Industry Group Overview

It is well known that doctors, lawyers, accountants, architects, engineers, and insurance agents and brokers all need errors and omissions (E&O) coverage. However, many others—from advertising agencies and commercial printers to web hosting companies and wedding planners—also opt for this type of policy. Furthermore, there is no “standard” wording for E&O insurance; each policy must be read carefully to determine applicable coverage.

The attorneys at Goldberg Segalla realize there is no one-size-fits-all approach to an E&O policy. Since most E&O policies are “claims made” or “claims made and reported,” all claims must be made (or, in some cases, made and reported) within the policy period. To defend these claims, our skilled attorneys focus on trigger as well as other issues, including policy exclusion, defense allocation and retroactive date.

Increasingly, insurance agents and brokers are being sued regarding claims reporting, placement of coverage and involvement with captive programs. Our attorneys are particularly experienced at defending agent and broker E&O claims. We understand that many brokers and agents are skilled and capable professionals who help individuals and businesses obtain the appropriate amount and type of insurance for their insurance needs. If a policyholder is not afforded coverage, however, they may assert a claim against their agent or broker.

Recently, we have helped numerous agents and brokers by successfully handling matters that included allegations of:

  • Neglect in explaining the terms of a policy completely
     
  • Failing to write a policy that provides adequate coverage
     
  • Forgetting to send the signed policy to the company
     
  • Failing to advise of rights and options
     
  • Including inaccurate information on insurance forms and applications
     
  • Material misrepresentation in the insurance application