Is making small E&O claims worth it?
May 25th, 2023 | By FCT
Did you know that real estate is the riskiest area of law to practice?1 More claims go to mandatory errors and omissions (E&O) providers from real estate than any other area of law, even litigation.
Real estate E&O claims are almost never because of an error of law. They start from a misplaced document, a typo or simple miscommunication. Files within a deal can move back and forth between lawyers, notaries and clerks on both sides of the transaction, and mistakes happen. If they do, this can result in claims of negligence from clients that are hard to prove false, whether you’re at fault or not.
You deserve protection
You do your due diligence on every transaction and advocate for each client, which is why you title insure every deal. You take pride in looking out for your clients’ interests, but who’s protecting yours? Making a claim through your mandatory E&O can be expensive.
The standard deductible can be in the thousands, depending on your province, and a successful claim can substantially increase your premiums. Many legal professionals who rely solely on mandatory E&O coverage have to settle with clients out of pocket rather than make a claim.
You should have flexible coverage that’s able to step in and help resolve smaller issues without a deductible, and before a client feels tempted to pursue legal options.
Only FCT insures legal professionals
FCT provides direct coverage for legal professionals through E&O Complete, with no need to go through your mandatory E&O insurance provider. When you sign up for the year, you’re protected on up to three claims for $10,000 or less that year.2
You’re the insured, not your client, which lets you retain control of the process. E&O Complete is a safety net that’s always there to help settle issues quickly and discretely, before small claims become big problems.
A real E&O insurance claim: $6,197.80 paid
A lawyer processed a refinance transaction, acting for the borrowers and the lender. The property had an existing mortgage with another lender that had to be paid out and discharged as part of the transaction. But the lawyer’s office inadvertently didn’t pay out the existing mortgage until after it had matured. The borrowers ended up with $6,197.80 of prepayment and interest charges, and held their lawyer responsible.
Fortunately, he was signed up for E&O Complete. His office reached out to FCT, and we were able to cover the full amount. He was reimbursed less than a week after submitting his claim, with no deductible, and no increase in his law society E&O insurance premiums.
Your clients get your best work—you deserve our best protection. Close every deal with confidence by signing up for E&O Complete today.
2 E&O Complete covers up to three claims per calendar year each $10,000 or less, with a lifetime coverage limit of $90,000.
Insurance by FCT Insurance Company Ltd. Services by First Canadian Title Company Limited. The services company does not provide insurance products. This material is intended to provide general information only. For specific coverage and exclusions, refer to the applicable policy. Copies are available upon request. Insurance brokerage services by FCT Insurance Services Inc. Some products/services may vary by province. Prices and products/services offered are subject to change without notice.
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