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Email Disclaimers

Posted: Tue Nov 07, 2017 4:38 pm
by aguarino
Does anyone out there use an email disclaimer that they put on every email or even just when they send out quotes? In this day and age half of the clients only want to do business via email and most just want the cheapest price. I just want to try and eliminate any possible E&O exposure when I send out quotes to people.

I was thinking something like the following:

If you have any questions about the coverage or if there is a particular situation you would want to make sure is covered please let me know. The best time to ask questions about the policy is before a claim happens. There are many different endorsements that can be added onto policies to increase coverage that cost additional premium if desired. Please also feel free to call me to discuss the quote if needed.


I realize this is more of an informal approach and not exactly a legal "disclaimer". Any insight into what your agency uses would be much appreciated.

Best,
Andrew - Boston, Ma

Re: Email Disclaimers

Posted: Wed Nov 08, 2017 11:36 am
by d's insurance store
I'm a dinosaur with 36+ years in the biz. You're correct, there is a growing trend to interact with prospects & clients via email, with the expectation that every concern can be addressed in full with either 280 characters or a couple of paragraphs in an email.

I think what you're trying to do is praiseworthy. It acknowledges the limitation of electronic communication and offers your expertise and services at greater length if the client/prospect desires. Every sale results in policy docs being sent to the insured for their review. We all know virtually no client ever reads any of it, except for the balance due portion.

I've taken the position that in my agency, simple questions that can be answered in generalities are offered in an email reply. But anything along the lines of 'what if' or hypothetical coverage questions are only answered over the phone or in person. My agency prints out the question and reply for documentation, showing a willingness to discuss in case a coverage/claim issue comes back to bite. We will not put anything in writing that is different from the specific policy language.

Re: Email Disclaimers

Posted: Wed Nov 08, 2017 12:29 pm
by jtownagent
Important Note: Insurance Coverage requested via electronic Email is NOT legally binding until you have received direct confirmation from one of our agents.

CONFIDENTIALITY NOTICE: This email message is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. If you received this electronic transmission in error, please be aware that any unauthorized review; copying, use, disclosure or distribution of this information is prohibited. If you are not the intended recipient, please contact the sender by reply email, then delete the original message, including any attachments, and destroy all copies.

Re: Email Disclaimers

Posted: Wed Nov 08, 2017 12:30 pm
by jtownagent
Also for quotes:

The proposal does not provide any insurance coverage to you. Based on the information supplied, this quotation is an estimate of the cost to obtain coverage with the Company. Coverage, however, can only be obtained through a separate process that requires a completed, signed application for insurance that meets the underwriting criteria of the company.

Re: Email Disclaimers

Posted: Wed Sep 12, 2018 12:01 pm
by mightyquinn
This is what we use:
This quote is based on your submitted application & underwriting information provided to us and as relayed to the underwriters during the quoting process. The coverage and terms being offered by this quote may not be the same or as broad as requested in your application. If you or the applicant have any questions about the coverage provided by this quote they should be asked before the quote is bound. That includes requesting specimen copies of forms, endorsements & exclusions so that they can be reviewed prior to making an informed coverage decision. Should you request that coverage be bound without asking questions or requesting forms, we then disclaim any responsibility for the coverage bound.

Re: Email Disclaimers

Posted: Wed Sep 19, 2018 1:13 pm
by agent14
I think you guys are over thinking this...

In today's world, in all of these emails back and forth to prospects, the prospects are looking for rate. So you have to lead with rate, to get them to engage with you in a conversation over the phone, about enhancing the coverage later, on the initial proposal. If you do not do this, you will lose many opportunities to those that do. Do I like it? No. But it is the world we live in.

And, I think everyone in the buying public understands what "unvalidated estimate" means, and I mention this in all my "estimates".

It only becomes a "quote" after all reports have been run.

Re: Email Disclaimers

Posted: Fri Mar 15, 2019 7:13 am
by pageltd
Look at the fine print on the quotes. Most companies already have a disclaimer. That being said, a simple one in your email signature would be easy. Would it stand up in court? Not sure. Would someone have a case to sue your for something in a quote?

Re: Email Disclaimers

Posted: Fri Mar 15, 2019 10:27 pm
by BADTROUT
I'm a little different. I dont do free consulting and I do not provide proposals. I am vague at best when discussing prices.

Ok so it's like this, I pre sell my quote by saying if I can get you the same, or better, appropriate coverage at a reasonable price, hopefully less (and it usually is), is there any reason why we wouldnt proceed. No proposal necessary, just a choice...

If they say I want my agent to look it over... nope, I'm not going to do his work for him. Well I need to think about it... I say well I would like you to think about who your trusted advisor is. We all generally have access to the same or similar products and pricing, so I need you to make that decision first... get his price, tell me, and I'll tell you whether we should continue or not.

That said, the thread is about email.. I do have a disclaimer... just not for proposals.

By the way, I dont know everything, and my desk is a mess, but I close 75+ % of what I quote... without having to email a proposal.

Re: Email Disclaimers

Posted: Sat Mar 16, 2019 6:09 am
by Jesse Cunningham V
BADTROUT wrote: Fri Mar 15, 2019 10:27 pm Ok so it's like this, I pre sell my quote by saying if I can get you the same, or better, appropriate coverage at a reasonable price, hopefully less (and it usually is), is there any reason why we wouldnt proceed. No proposal necessary, just a choice...
I agree 100%. Set the expectation for the flow of the relationship.

I say something very similar,

We have two priorities, appropriate coverage #1 and affordable coverage #2. A proper insurance plan is more important than price but luckily, as brokers, we are often competitive.

My goal with this is to not commoditize my product. It is valuable if they see the value.

Re: Email Disclaimers

Posted: Sat Mar 16, 2019 6:22 am
by BADTROUT
Jesse Cunningham V wrote: Sat Mar 16, 2019 6:09 am
BADTROUT wrote: Fri Mar 15, 2019 10:27 pm Ok so it's like this, I pre sell my quote by saying if I can get you the same, or better, appropriate coverage at a reasonable price, hopefully less (and it usually is), is there any reason why we wouldnt proceed. No proposal necessary, just a choice...
I agree 100%. Set the expectation for the flow of the relationship.

I say something very similar,

We have two priorities, appropriate coverage #1 and affordable coverage #2. A proper insurance plan is more important than price but luckily, as brokers, we are often competitive.

My goal with this is to not commoditize my product. It is valuable if they see the value.
Agreed, and it's our responsibility to create our value, otherwise, it's all price. The insured rarely understands how manipulateable the premium basis is.

Re: Email Disclaimers

Posted: Mon Mar 18, 2019 3:05 pm
by pageltd
aguarino wrote: Tue Nov 07, 2017 4:38 pm Does anyone out there use an email disclaimer that they put on every email or even just when they send out quotes? In this day and age half of the clients only want to do business via email and most just want the cheapest price. I just want to try and eliminate any possible E&O exposure when I send out quotes to people.

I was thinking something like the following:

If you have any questions about the coverage or if there is a particular situation you would want to make sure is covered please let me know. The best time to ask questions about the policy is before a claim happens. There are many different endorsements that can be added onto policies to increase coverage that cost additional premium if desired. Please also feel free to call me to discuss the quote if needed.

I realize this is more of an informal approach and not exactly a legal "disclaimer". Any insight into what your agency uses would be much appreciated.

Best,
Andrew - Boston, Ma
The thread got a fair bit away from the original question.

So...a disclaimer like the only you mentioned above looks like a good start. I would also suggest contacting PIA or IIAA to see if they have a boilerplate text that you can use. Draft some thing that makes sense and speaks plainly to the idea that the consumer needs to be aware of the choices. Also, there is absolutely nothing wrong with offering higher limits and have them sign a rejection if they choose lower limits.

My two cents...

Re: Email Disclaimers

Posted: Mon Mar 18, 2019 4:08 pm
by BADTROUT
Sorry I had lost sight of the original post... Here is what we use.

This e-mail message, including any attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged and/or confidential. If you are not the intended recipient or the employee or agent responsible for delivering the communication to the intended recipient, please notify us immediately by replying to this message and then delete this message from your system. You are hereby notified that any use, dissemination, distribution and/or reproduction of this message and/or any attachments by unintended recipients is unauthorized and may be unlawful. Furthermore, although we have taken precautions to minimize the risk of transmitting software viruses, we advise you to perform your own virus checks on any attachment to this message. We do not accept liability for any loss or damage caused by software viruses.

Re: Email Disclaimers

Posted: Mon Mar 18, 2019 4:16 pm
by pageltd
Way too much...

Re: Email Disclaimers

Posted: Tue Mar 19, 2019 12:54 am
by BADTROUT
Plagarized from a carrier, but thanks for your opinon.

Re: Email Disclaimers

Posted: Tue Mar 19, 2019 7:42 am
by pageltd
Then again...who reads disclaimers and/or agreements anyway?

I know, I know...you should read them very, very carefully. That's what my lawyer tells me.
But honestly, when was the last time you read one of those agreements online BEFORE you clicked the "Agree" button?

So...should you send email disclaimers? Are they worth anything? Probably not as much as a signed coverage rejection form.