Errors & Omissions (E&O) Insurance
Errors
and Omissions (E&O) Insurance is professional liability coverage
that protects real estate agents and the brokerage in the event of an
unintentional error, omission, or negligence claim made by a client or
third party.
Where to Find the Current Policy
The latest Dalton Wade E&O policy can be found in Dotloop under:
DW Office & Training Materials → E&O Insurance Policy
It’s important to review this document so you understand the current coverage terms, limits, and carrier information.
- $5,000 if the matter is resolved within one year
- $10,000 if the matter takes longer than one year to resolve
- Deductible Split: Dalton Wade Real Estate Group will split the deductible amount with the agent involved in the claim
Key Points from the Independent Contractor Agreement (ICA)
- The E&O carrier is chosen at the Broker’s discretion.
- The deductible amount may change yearly, and agents will be notified of any updates.
- Agents must immediately notify the Broker of any situation that could lead to a claim, complaint, or dispute.
- If
a claim, lawsuit, license complaint, or arbitration demand occurs that
is not fully covered by insurance, the Broker may withhold funds from
the agent’s commissions to cover the amount not insured. These funds are
held in a Claims and Disputes Retention Account until the matter is
resolved.
- The Broker may use those withheld funds to settle or satisfy any claim or award.
- Agents are expected to fully cooperate with the Broker during any claim or investigation process.
- If
legal consultation is required due to one of the agent’s transactions,
the agent may be responsible for reimbursing the Broker for reasonable
attorney fees related to that matter.
Additional Requirement for Tennessee Agents
Tennessee
agents are required by the Tennessee Real Estate Commission (TREC) to
maintain their own individual E&O insurance policy, in addition to
the coverage provided by Dalton Wade’s company policy.
- This means each Tennessee agent must hold a separate active E&O policy under their name.
- Proof of individual coverage must be maintained in accordance with state licensing requirements.
- The company’s E&O policy does not replace or satisfy this state requirement.
Agents
should contact their preferred insurance provider or visit the
Tennessee Real Estate Commission’s website for guidance on acceptable
carriers and coverage verification.
Reporting a Potential Claim
If you believe an incident or issue could lead to a potential E&O claim, notify the Broker immediately.
You can email phil@daltonwade.com and support@daltonwade.com with a brief description of the situation.
Do not attempt
to resolve or communicate directly with opposing parties, attorneys, or
investigators without direction from the Broker or insurance carrier.
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