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What is Your Biggest E&O Worry - COVID-19 or Absolute Exclusions?

What is Your Biggest E&O Worry - COVID-19 or Absolute Exclusions?

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Quick Overview

What's a bigger reason for agents to worry about their E&O: COVID-19 or absolute exclusions?

No one saw COVID-19 coming and the insurance implications that it brought. There will certainly be E&O claims related to it because no one prepared the policy for this exposure.

What about the absolute exclusions that exist in some policies? Could that be a bigger deal?

Join us as Fred Fisher takes these questions head-on in this timely session.


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Duration 1 hour
Location Online Webinar
Formats On-Demand
Instructor Frederick FisherFrederick Fisher

"Insurance agents and brokers have traditionally been a relatively high source of claim frequency as respects professional liability claims. Certainly the Covid-19 exposure is one also creating worry amongst Insurance agents and brokers. Yet already, one professional liability claim has been denied if for no other reason that such a pandemic was difficult to foresee given its the first one we had in over 100 years. That said, a bigger worry however is from absolute exclusions. They have existed for quite some, but it wasn't until 2009  that a court declared that "arising from"  is so broad as to mean "connected with". The end result being that sometimes, policyholders may not realize that the absolute exclusions in their policies are triggered by the actions of third parties over whom the insured has no control or even knowledge of what took place by others.

This webinar will examine over 30 decisions upholding the applicability of absolute exclusions. Granted, some are appropriate. However, when exclusions are not limited to the actions of the insured but apply to the actions of anyone that is even remotely connected with the claim against the insured, that is another matter. After this webinar, you learn how dangerous this can be, and hopefully, it will spur some to take action and pressure their State Department of Insurance and the NAIC to take a position on it.

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