E&O lawsuits have been filed left and right toward agents throughout the duration of the COVID-19 pandemic. With all of the confusion going on, the lines get blurred on what constitutes E&O and what does not, putting agents in danger when they may have done the right thing. There's plenty of things you should do, and plenty of things to avoid.
- Contact the E&O carrier about a possible claim or an actual claim.
- Listen closely to the client, and choose your words carefully.
- Gather all records relating to the situation.
- Record everything you can, including all information known or gathered by others.
- Work together with the E&O carrier.
- Give someone the duty to manage all COVID-19 E&O claims that go against your agency.
- Follow the requirements of the E&O policy.
- Don't change, rewrite, or do anything to the client's file.
- Don't enage in discussion relating to the claim with anyone besides the claims representative, defense attorney, or anyone else directly involved.
- Don't admit to being wrong or give indication that you were in the wrong.
- Don't give any personal statements to the plaintiff without the E&O carrier's claim representative around.
- Don't try to handle it alone. Get help with handling the situation and managing everything.
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