Disclaimers may not keep an E&O claim from being made against the agency, but they can aide in the defense of E&O claims. They help reinforce customer communications and provide clear guidance of what is expected of the customer and the agency. They are an excellent way to manage customer expectations.
As part of their risk management program, every agency should utilize appropriate disclaimer language on the following: voicemail, email, fax cover, agency websites, proposals, and social media outlets. It is especially important to include that coverage cannot be bound nor changed without speaking directly to a licensed agent. Disclaimers are a simple measure to implement that can help show a pattern of consistent practice that will aide in the defense of an E&O claim.