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How
Does Your Agency Rate From an E&O Standpoint?
by Curtis M. Pearsall, CPCU, CPIA
Special Consultant to the Utica National E&O Program
In this fast-paced world we live in, it
has probably been a while since you took a break to evaluate your agency
from other than
a production or profit standpoint. If you’ll take just a few minutes
now to consider some questions, you’ll be able to determine how “claims-proof” your
agency is from an E&O standpoint. You can also virtually guarantee
that by proactively addressing those questions you fall short on, you
will not only be safer from an E&O claim, but you will also add production
and improve your bottom line.
As the principal in the agency, you lead by example;
you set the tone. As John Maxwell stated in his book, 21 Irrefutable
Laws of Leadership, ”Organizational
effectiveness is directly proportionate to the strength of the leadership.” So
a solid commitment to E&O loss prevention starts with you.
Let’s start off with a couple of basic agency procedures.
You may think you know the answer to these questions but you may want
to
check with your staff.
- Do you document
all phone calls? Obviously I am not
referring to documenting when your tee time is but
any and all calls
from your companies or customers on coverage modifications.
These phone records should become part of the agency
file. If coverage is being deleted, the best approach
is to have
the customer provide you with written confirmation.
Some agencies are reluctant to do that, so in such
cases, it’s
a good idea to send a letter to the customer confirming
your understanding of their request.
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- Do you use an
exposure analysis checklist program as part of your standard
operating
procedure? For as long as I can remember,
the number one cause of E&O claims is failure
to provide the proper coverage. Whatever your agency
looks like, committing
to this practice is a very positive step in the right
direction. Many of the agency management systems
either have an exposure
analysis checklist built in to the software or they
provide a link to other software that handles this
task. “Renewing
as is” or relying solely on the application
does not cut it. You need to use a checklist that
identifies the various
exposures of risks. This will enable you to recommend
to your clients the coverage that they should have.
If they indicate
that they don’t want it, be sure you have them
sign off. This checklist with your customer's signature
on it indicating
that they didn’t want a certain coverage will
help to provide a solid defense should the client
allege that this
coverage was never discussed. In many cases, the
software that contains these checklists is not expensive
and it will pay
for itself many times over with the additional coverages
you will sell.
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- Do you actively
attend E&O seminars? Do you encourage
education within your agency? Education translates into
knowledge. When
your staff knows the product that they are handling,
they will position your agency as a professional shop
with quality people.
Utica has statistics that provide positive proof
that E&O
seminars and insurance designations make a difference
in your E&O loss ratio.
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- Do you actively communicate
with your customers on issues of importance to them? Today’s
consumers want to be more informed so they can make better
buying decisions. Periodic newsletters detailing how insurance
works, how claims are settled, what some common insurance terms
mean, as well as what is and what is not covered are invaluable.
Your agency’s website, properly constructed,
provides a perfect medium to educate your customers
or to attract new
customers.
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Do you check all policies/endorsements
for accuracy before mailing? Believe
it or not, the quality of the work coming out of your
companies
is not always perfect. If the policy is not consistent
with
what
was agreed upon, you need to catch it. Failure to do
so could impact the resolution of a future E&O claim.
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- Do you inspect all
insured premises? Imagine that one
of your homeowners’ clients has a fire and it is discovered
that the fire was caused by a woodstove. The company pays
the claim and then sues you because you didn’t have
the authority to bind homeowners’ policies with
a woodstove. If you had inspected it and seen the woodstove,
you could
have saved yourself a big headache.
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