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Member Tips

Don't Fall in E&O Text Trap by Barbara Rocco, AVP of Claims, Swiss Re

Our society is rapidly moving towards a world where the primary forms of communication include texting and social media. Forget about emailing or calling someone on the phone. Our younger employees want immediate responses, which is what they have come to expect from technology.

Unfortunately, with these forms of communication, agencies can open themselves up to significant potential exposures. Take the case of a 21-year-old producer who had just obtained his license and was starting out in the world of insurance. A longtime friend reached out to him to procure coverage for a newly purchased Dodge Charger. The friend had contacted the producer via text as that is how they always communicated.

These texts, which were limited to 160 characters, included pertinent info about the car's make and model, VIN, coverages and available limits. The producer didn't think there was anything unusual about getting information in this manner as that was how the pair always shared information.

Once the producer received the initial quote, the key information was transmitted via text. Within that text, the producer indicated that he would be able to obtain better coverage but never explained what the better coverage included. In another text, the producer advised that there was an option for lesser coverage at a lower premium. Again, coverage differences were never explained to the client. Most significantly, the client rejected UM/UIM coverage via text and never actually signed the mandated rejection form because the producer never sent him an email or met him in person.

They stand alone. RLI, A+ rated by A.M. Best, has over 30 years of experience providing affordable personal umbrella coverage - so your customers can protect their hard earned assets.

CONTACT Stephen Holmes sholmes@insurors.org 615.515.2609 You won't be surprised to hear that the client was involved in an accident where the at-fault driver had the state-required minimum liability limits and the medical bills alone far exceeded those limits. A New-York minute later, a lawsuit was filed that named the producer and the agency as defendants.

The plaintiff and former client will be able to submit all the text messages as evidence, which means they become public documents. In addition to the fact that the producer's method of gathering information was inadequate, much of the language within the texts was very unprofessional, which will undoubtedly cast a poor light on the producer before a jury.

An insurance producer must communicate fully with a client to accurately determine needs and clarify what they are requesting from the agency. Texting does not always lend itself to this. Moreover, by foregoing communication in-person, email and by phone call, an agency opens itself up to E&O claims. u

Advertiser Phone Website Page

ACUITY (920) 458 - 9131 www.acuity.com 8 AmTrust North America (877) 528 - 7878 www.amtrustfinancial.com/tnq1 6 Arlington/Roe (800) 878 - 9891 www.arlingtonroe.com 2 Bailey Special Risks, Inc. (800) 768 - 7475 www.bsrins.com 15 Berkley Southeast Insurance Group (615) 932 - 5508 www.berkleysig.com 16 Berkshire Hathaway Guard Insurance Cos. (800) 673 - 2465 x4567 www.guard.com/apply 34 Builders Mutual (800) 809 - 4859 www.buildersmutual.com 33 Delta Dental of Tennessee (888) 281 - 9396 deltadentaltn.com 42 DocuSign (877) 720 - 2040 www.docusign.com/iiaba 49 Genesee General (800) 282 - 8755 www.geneseeins.com 32 Harford Mutual (800) 638 - 3669 www.harfordmutual.com 45 Imperial PFS (859) 630 - 7369 www.ipfs.com 47 IntellAgents (614) 552 - 3063 intellagents.io 47 INSBANK (866) 866 - 4268 www.insbanktn.com 11 J.M. Wilson (800) 595 - 0063 www.jmwilson.com 17 Keystone Insurers Group (800) 416 - 5498 www.keystoneinsgrp.com 40 KNK Compliance Services (615) 375 - 7419 www.knkcompliance.com 17 Markel Specialty (800) 431 - 1270 www.markelcorp.com 22 MidSouth Mutual Insurance Company (844) 438 - 6642 www.midsouthmutual.com 26 The National Alliance (800) 633 - 2165 www.scic.com 55 National Security Group (800) 239 - 2358 x213 www.nationalsecuritygroup.com 22 Nationwide Insurance (423) 927 -2060 www.nationwide.com 20 Partner Platform - SIS (800) 747 - 9273 www.sispartnerplatform.com 15 Penn National Insurance (800) 395 - 0518 www.pennnationalinsurance.com 56 Preferred Property Programs (888) 549 - 2465 www.umbrellaprogram.com 33 RLI PUP (615) 515 - 2609 www.insurors.org 53 Securerisk (770) 723 - 8096 www.securerisk.com 38 Strickland General Agency (800) 825 - 5742 www.sgainga.com 30 Summit Holdings (800) 971 - 2667 www.summitholdings.com 13 Swiss Re Lawyer's Professional Liability (630) 213 - 9952 www.bigimarkets.com 36 Titan Web Marketing Solutions (615) 890 - 3600 www.titanwms.com 24,34 West Bend Mutual Insurance Co. (800) 236 - 5010 www.thesilverlining.com 7 Work at Home Vintage Experts (646) 807 - 4372 www.wahve.com 52

Map your career track and customize your learning experience by selecting the designations and course offerings that fit your needs.

Introductory Series

1

Dynamic Series CISR

2

2 Introductory Series Dynamic Series WTH Seminars CISR CSRM CRM CPRM Rubles CIC The Introductory Series is a good choice for those interested in finding out more about the industry and industry fundamentals. The Dynamics Series , offers career-changing sales training. Providing a variety of pertinent topics, the William T. Hold Seminars are invaluable for expanding your insurance knowledge. The Dynamics Series can be used to meet update requirements across the designations. WTH Seminars satisfy update requirements for CISRs and CSRMs The Certified Insurance Service Representative (CISR) designation provides quality insurance education geared toward customer service representatives, account executives, servicing agents, new producers, and other professionals. The Certified School Risk Manager (CSRM) designation fills a need for quality risk management education for those associated with schools. The Certified Insurance Counselor (CIC) provides an in-depth, practical approach to education for agents and other insurance practitioners. The Certified Risk Manager (CRM) designation is recognized as being the foremost education available in the field of risk management. The Certified Personal Risk Manager (CPRM) designation yields the best training for meeting the needs of an affluent clientele. The James K. Ruble Seminars are advanced programs that offer a variety of specialty topics. CICs, CRMs, and CPRMs can meet their annual updates with a Ruble seminar. THE NATIONAL ALLIANCE INFO MAP Map your career track and customize your learning experience by selecting the designations and course offerings that fit your needs.

WTH Seminars

1

The Introductory Series is a good choice for those interested in finding out more about the industry and industry fundamentals. The Dynamics Series, offers career-changing sales training. Providing a variety of pertinent topics, the William T. Hold Seminars are invaluable for expanding your insurance knowledge. The Dynamics Series can be used to meet update requirements across the designations. WTH Seminars satisfy update requirements for CISRs and CSRMs.

CSRM

2

The Certified Insurance Service Representative (CISR) designation provides quality insurance education geared toward customer service representatives, account executives, servicing agents, new producers, and other professionals. The Certified School Risk Manager (CSRM) designation fills a need for quality risk management education for those associated with schools.

CIC

CRM

CPRM

3

3

3

The Certified Insurance Counselor (CIC) provides an in-depth, practical approach to education for agents and other insurance practitioners. The Certified Risk Manager (CRM) designation is recognized as being the foremost education available in the field of risk management. The Certified Personal Risk Manager (CPRM) designation yields the best training for meeting the needs of an affluent clientele.

Rubles

4

The James K. Ruble Seminars are advanced programs that offer a variety of specialty topics. CICs, CRMs, and CPRMs can meet their annual updates with a Ruble seminar.

Helping people feel secure.

Since 1919.

A group of Pennsylvania farmers founded our company in 1919 to provide affordable workers’ compensation insurance.

Today, Penn National Insurance sells property-casualty insurance in 11 states.

Just like those farmers who envisioned an insurance company that could meet their needs better than any existing insurance carrier, we look to the future of our company and make decisions that center around:

• Providing superior customer experience

H e l p i n g p e o p l e f e e l s e c u r e .

All with one focus in mind: to help people feel secure and make life better when bad things happen.