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E&O Communique - A publication of the Utica National Insurance GroupSelling Personal Lines –
Good From an E&O Standpoint?

by Curtis M. Pearsall, Vice President, Agents' Errors and Omissions Department

I am not sure if this is my imagination or not but it certainly appears that there is a resurgence from both companies and agencies to sell personal lines. There is no doubt that with the proper technology and the right carriers, selling personal lines can be very rewarding.

Is it rewarding from the E&O perspective? For virtually all of the 40 years that Utica has been protecting agents in the US (2006 is our 40th year), we have been capturing various details behind the claims data. During the last 5 or so, we have found that the claims frequency of agents that specialize in selling personal lines is actually higher than agents that sell commercial lines. In some years, the frequency has actually been almost twice as high.

Looking at the data shows that when you combine personal auto, homeowners, dwellings, personal inland marine, personal wet marine, personal umbrella and flood, over 40 percent of all E&O claims come from the sales and service of personal lines. From the E&O claims perspective, the main issue that seems to differentiate personal lines from commercial lines is the size of the claim. While there are more claims involving personal lines, the claims tend to be smaller. Whereas in commercial lines, when there is an E&O claim, the average severity is over double that of personal lines.

When focusing solely on the personal auto coverage, there are two main drivers of claims. One involves uninsured motorist coverage and the other is physical damage. On the UM side, suggest that you have a standard operating procedure that requires your staff to at least offer UM coverage equal to the limit of liability. In the event that the insured does not want the higher UM coverage, many states/companies require some type of sign-off form. Obviously do not sign for them and make sure that you know the expectations regarding which Named Insureds should sign the form. Some states require all Named Insureds; make sure you know the requirement. Even if the state does not require a sign off form, a good agency practice is to get the insureds signature acknowledging that they do not desire this coverage. This documentation will be key if a claim is mad against your agency.

In regards to physical damage, documentation is a big key. Whether the insured states that they do not want physical damage coverage or only want comp and no collision, get this in writing. Although the chances that these claims will not necessarily be big claims (probably less than $10,000), chances are that based on the size of your deductible, you will wind up paying most of this out of your pocket. Do the right thing and document the discussion.


When dealing with homeowners, while there are some claims involving liability, the majority of the claims deal with property. Oftentimes, it is an issue dealing with valuation. It is important to make sure that with the price of plywood and other building materials, a concerted effort be made to keep your customers insured to value. Since many policies have built in provisions that address this, make sure that you know how your companies handle this. In addition, while the premiums associated with homeowners may not be that high, I strongly suggest that you see the premises that you are insuring. It would be advisable for you or a member of your staff to visit the premises and take a picture while also observing any unique characteristics. Whether that involves a wood stove, a trampoline, a dog, a pool, etc. is valuable information. If you know that the home was in close proximity to a river or stream that could overflow, this would give you a great opportunity to discuss flood insurance. Although there is no doubt that with the recent catastrophes, most homeowners know that flood is not included, isn’t your goal to properly protect your customers?

Many folks feel that selling personal lines is easier than commercial lines. After all there are less products and more standardization of forms. However, there are areas where if not properly handled, E&O claims could occur. Taking a little extra time to do the right thing could save you considerable dollars later.

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