Don's Discussion

Are you a member with a question? Contact IA&B Legal & Corporate Affairs Director Don Bankus at 717-918-9204 or DonB@IABforME.com.

QUESTION:

A producer just retired. How can our agency minimize liability related to customers’ continued communications to the former employee’s email account?

ANSWER:

Whether an employee leaves employment with the agency for retirement purposes or otherwise, or is simply away for an extended period of time, it’s important to establish and implement standard policies, procedures, and workflows within the agency to address incoming email issues. From both E&O and customer service perspectives, there are a couple of practical steps you can consider.

OPTION 1:

One option would be to keep the former employee’s email account open and active for a specified period of time, during which time a customer (carrier, vendor, etc.) who sends an incoming email should receive an out-of-office reply. The out-of-office reply should include additional information, such as the contact information (name, phone number, and email address) of the individual within the agency to whom the customer should direct his or her inquiries.

As part of this procedure, if your system has the capacity, emails should automatically be re-routed to the agency employee(s) assigned to manage the former employee’s work. In the alternative, the agency would need to implement procedures whereby the former employee’s email account is proactively monitored.

OPTION 2:

In the alternative, the agency could opt to shut down the former employee’s email account completely, a er which any customers sending an email to the former employee should receive an “undeliverable notice.” As with option 1, the “undeliverable notice” should include additional information, such as the contact information (name, phone number, and email address) of the individual within the agency to whom the customer should direct his or her inquiries.

Following is a sample template for inclusion with either your “out-of-office” or “undeliverable notice” reply:

Thank you for emailing [former employee’s name] at [agency name]. [Former employee’s name] has le employment with [agency name]. You are directed to contact [name, phone number and email address of new contact person], or you may contact the agency at [primary phone number for the agency].

It’s also important to make sure outgoing emails include appropriate disclaimer language notifying recipients that coverage can’t be bound or modified, or a claim submitted, via email, and that any requested changes will not be effective until confirmed by a licensed agent.

In conjunction with options 1 and 2, it may also be prudent to communicate directly with affected customers via regular mail, advising them (1) that the agent is no longer employed with the agency; (2) as to whom within the agency (to include an applicable phone number and email address) the customer should contact if they need to discuss anything; and (3) that emails should no longer be sent to the former employee’s email address, while providing them with an alternate email address contact.

Whatever practice you decide to implement, it’s never advisable to leave customers in a position where they believe someone within the agency has received, and is appropriately handling, their email request.

This document is not a legal opinion and should not be relied upon as such. The intent of this document is to provide a general background regarding the topic or topics discussed, not to provide legal advice. Producers and agencies should consult an a orney regarding specific situations and specific questions with respect to the topic or topics covered in this document. Neither the Insurance Agents & Brokers nor any of its employees shall be responsible for any errors or omissions regarding any statements made in this document, nor any errors or omissions regarding any statutes, regulations, court rules, and/or any other government documents cited in this document.