Beware the Ticking E&O Time Bomb

It’s no secret that National Ethics Bureau (NEB) has been sponsoring affordable E&O insurance for low-risk advisors. And this experience has alerted us to the following time bomb that may be lurking in your business and could be fatal to your finances.

If you have an E&O insurance policy, you already know what it does. But here’s what you might not know: Even lapsing your policy for as little as one day can leave you open to a financially devastating lawsuit down the road, even though you currently have coverage. 

Here’s the problem. Most E&O insurance policies are written on a “claims made and reported” basis. This means they cover claims that are “reported” during the current policy period even if acts or omissions giving rise to the claim happened in the past.

In other words, as long as you don’t lapse, your most current insurer must cover claims that are made against you now, even if the original deed happened in the past, when you were insured elsewhere. But if you lapse your coverage, then no insurer is responsible for your past deeds.

A hypothetical case in point: Will B. Ruined is an experienced advisor, and proud of doing everything “by the book,” including keeping his E&O policy in force for 10 years. But in his 11th year, he moved offices and forgot to renew. Six months later, he asked his insurer to reinstate him, which the company did. Problem solved, right? Wrong!

A year later, Will receives a letter from an attorney representing a former client. Apparently, the client is very unhappy with a product Will sold her eight years ago. She now claims WIll misled her and is suing him for $250,000, her full capital loss.

”No problem”, Will tells himself. “I’ll just report this to my E&O carrier and let them handle it.”

In a few days, Will gets the devastating news from his E&O claims rep. No coverage. Will is shocked. “You’ve got to be kidding me,” he tells the rep. “I just paid for my policy, and thought I was protected. What happened?”
 
What happened is that Will’s lapse inadvertently created an E&O coverage gap, and the current insurer is not liable for his past deeds.  Now it’s just Will and his spouse who are liable for a $250,000 judgment plus legal fees.

So here’s how to defuse the E&O time bomb: 

• Sign up for automatic credit card or checking account payment options. This will eliminate the “human factor.”

• Know your annual due date, and set up multiple reminders on your electronic, paper, and “refrigerator” calendars.

• Sign up NOW for a free, no obligation, automated E&O due date reminder from NEB. Go to ethicscheck.com and look for the “E&O Reminder” button.

Bottom line? Keep your E&O insurance in force no matter what. It’s the best way to prevent your business from blowing up—and taking your life, and your wife with it.

—by Steven R. McCarty, NEB Chairman

Steven McCarty is Chairman of the National Ethics Bureau (NEB), a leading advocate for ethics in financial services and a membership organization of like-minded financial professionals. NEB also sponsors an errors and omissions insurance program for qualified advisors.  For more information, visit ethicscheck.com and eoforless.com.

What did you think of this article? The National Ethics Bureau welcomes your input. Send your comments to: hlew@ethicscheck.com