The Purpose of Errors & Omissions Insurance
The main responsibility of a notary public is to prevent fraudulent activities involving legal documents. This means that any mistake, even accidental, can become a legal liability. As a notary, you can be held responsible for a client's financial losses resulting from an alleged notarization error.
Whether guilty of an error or not, defending yourself against a legal challenge can become very expensive very quickly. That's why notary errors and omissions (E&O) insurance exists.
When you purchase an E&O policy, you get a specific type of professional liability insurance designed to offer financial and legal protection against claims that result in a lawsuit.
Unlike a general liability insurance policy, E&O policies protect professionals against the following job-specific claim scenarios:
- Accidental negligence
- Unintentional errors or omissions in notary services
- Misrepresentation or signature forgery
Protect Yourself for As Little as $1 per Month
Notaries.com is an approved E&O insurance broker that offers one of the most affordable policy options compared to anyone in the Massachusetts insurance industry. Our policies are underwritten by the insurance carrier Travelers Indemnity Company and include no deductible or loss repayment.
Plus, we offer policies for every budget. Insurance premiums start at just $90 for a seven-year term. Paying the one-time premium provides coverage for attorney fees, judgments, court costs and settlements up to $100,000.
The coverage limits that are best for you depend on your personal needs.
If you're new to notarizations and are not handling a large number of high-value documents, you might feel comfortable with less than $50,000 of coverage. Established notaries in the state, especially signing agents, who deal with things like valuable wills or mortgage documents should opt for higher coverage to protect themselves from paying massive legal bills.
When choosing a policy, keep in mind that illegal acts, intentional deeds of wrongdoing, criminal activity and bodily injury inflicted by you or your business are not covered.
How to Avoid Legal Fees
An E&O policy protects you from a wave of legal fees. Here are two hypothetical examples:
A former client accuses you of making a notarization mistake, like not properly verifying the identity of each singer, and threatens to sue. You then hire a lawyer and agree upon a $20,000 settlement. Between the settlement and the legal fees, you owe $35,000.
Without E&O insurance, you would need to pay that full amount out of pocket. Could you afford to pay for these costs yourself?
This is where insurance shows its value. A policyholder with $50,000 worth of coverage would've been protected from financial loss by using it to cover the settlement and the legal fees.
The best time to purchase this insurance is before someone files a claim against you. Secure your future as a notary today!
Best Practices for Filing a Claim
If you need to defend yourself in court or pay a settlement, these tips can you navigate the underwriting process:
- Use your notary journal to record as much information about the claim made against you or your business. Then, send that information to your E&O provider.
- Contact the claim handler at the insurance company and, if they recommend it, find a lawyer who specializes in liability insurance claims. Do not discuss the case with anyone except for the claim professional and your lawyer. Doing so could lead to unintended admissions or violations of confidentiality that negatively impact your defense and the outcome of the claim.
- Have the insurance company and/or lawyer attempt to reach a settlement outside of court. That way, you avoid paying additional legal defense fees if the case is drawn out.
E&O Insurance vs. Surety Bonds
During your independent research, you may have seen mentions of notary surety bonds. Many states require that their notaries purchase a bond during their active commission period.
Notary bonds protect the public from financial loss. E&O insurance protects notaries.
If there is a claim against the notary with a bond, then they are responsible for the financial repercussions up to the bond amount (which can range from $1,000 to $25,000).
Surety bonds are not required in Massachusetts.
