>>Lindy in Houston wrote in part:
>>I never gave the E&O that much thought, but what you said is a real shocker. So all those premiums we've paid, like out of our closing proceeds, for each deal... and now it seems that if we aren't STILL insured by them, then we aren't covered.... OMG.... so when an agent switches companies, they are now unprotected even though they paid.... Wow.<<
In my experience, E&O policies are written on a "claims-made" basis. One must have coverage when the claim is made and that policy's prior acts (or retroactive) date must include the date on which the act occurred for which act the claim is made.
When E&O insurers are changed, it's important to have the prior acts date be as far back as possible and I've found that date to be negotiable, depending upon specific facts and circumstances.
Red flags for agents are, among others, brokerages that go out of business, brokerages that are acquired, E&O insurance that is interrupted and licensees that change broker affiliation.
Fred
fsalzer@sempre.com
Poway, CA