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Errors & Omissions definitions

We understand that filing an E&O claim can be a confusing process, so we have created a quick reference of commonly used terms and their meanings to help you navigate the process.

Term Definition
Term Definition
Breach of contract A failure, without legal excuse, to perform any promise that forms all or part of the contract.
Claim Formal written demand for monetary relief or if you are formally served with process or papers in a lawsuit.
Claims made and reported A claim is ‘made’ when you receive a written demand or are provided with or formally served with process or papers in a lawsuit, arbitration, or disciplinary proceeding. Once a claim has been ‘made’ against you, or you are aware of a potential claim, you are required to report the claim to the insurer during the policy period.
Claimant Person or entity making a claim against the insured’s policy.
Damages Any compensatory sum, including a judgment, award and/or settlement (provided any settlement is negotiated with the Company’s written consent).
Deductible The amount an insurer will deduct from the loss before paying up to its policy limits.
Defense costs Reasonable and necessary fees and expenses incurred in the defense or appeal of a claim.
Errors and Omissions (E&O) insurance Type of coverage that protects the insured against liability for committing an error or omission in performance of professional duties.
Insured Person or organization covered by the policy.
Judgement A decision of a court regarding the rights and liabilities of parties in a legal action or proceeding.
Misrepresentation False or misleading statement, or a material omission, made with intent to deceive that renders other statements misleading.
Negligence Failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances.
Settlement Resolution between disputing parties about a legal case, reached either before or after court action begins.

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The policy for which you are applying is issued by a purchasing group. The purchasing group may not be subject to all of the insurance laws and regulations of your state of domicile. State insurance insolvency guaranty funds may not be available for purchasing groups.