Please review the User's Agreement of Terms and Conditions prior to using this eKo Specialty Insurance Services, Inc. website. All access to and use of this website is governed by these terms. The User's Agreement of Terms and Conditions can be reviewed by clicking here.
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Employment Practices Liability Ins. (EPLI)
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Non-Profit D&O |
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Misc. Professional
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Underground / Aboveground Storage Tanks (UST / AST) |
Please note, you must be an approved eKo Specialty producer with a login ID and password to access the indication site. To learn more, please feel free to contact us.
Becoming an eKo Specialty client is fast, easy and commitment free. To inquire or learn more, please call us at 805.373.6968 or use our contact form.
This information is designed to give you a quick overview of the coverage and how it works. Your policy is the contract that specifically and fully describes your coverage. Please feel free to call 805.373.6968 with any questions.
Typical policies will cover acts, errors and omissions, contain a broad definition of covered professional services, the Named Insured will be broadly defined, automatic coverage for independent contractors, prior acts coverage automatically matched to expiring policy, innocent Insured protection in the event of fraud, contractual liability coverage, broadened personal injury coverage and coverage for vicarious liability.
NOTE: The claims scenarios summarized are offered only as examples. The examples are not intended to establish any standards of care or to serve as legal advice appropriate for any particular factual situations. Coverage depends on the actual facts of each case and the terms, conditions and exclusions of each individual policy.
1. The insured stated he had been assured over the telephone by his agent that his crops were immediately covered. The day after the phone conversation, the crops were destroyed by a hail storm. That same day the insured received a certified letter from the agent stating that a signed application was necessary to bind coverage. The agent denied ever giving a binder over the phone. The insurance company refused to pay the loss.
Outcome - When the insured threatened suit for negligent misrepresentations, breach of fiduciary duty and deceit by non-disclosure of facts. The E&O carrier decided to settle for $56,500 for the damage to the crops.
2. Agent wrote Worker's Compensation on a roofing contractor. Company sent notice of non-renewal due to loss frequency. CSR set notice aside on her desk, planning to remarket risk. Notice got lost on her desk. One month after expiration of policy an employee of contractor fell off roof.
Outcome - Medical and loss of earnings $45,000. Agent carried a $50,000 deductible.
3. Agent took over a farm risk on an agent of record letter. By his own admission, he knew nothing about farming operations. He did not read the policy and ordered it renewed "as is". The policy contained an exclusion for any damage to property due to spraying from aircraft. The insured had contracted to plant a crop for the owner of the land. Under the terms of the contract, the insured assumed liability for any damage to the crop from causes other than natural causes. A contract crop duster was spraying an adjacent field to kill broad leaf weeds. The wind shifted and the spray from the aircraft drifted onto the field worked by the insured. The crop was destroyed. The damages exceeded the amount of liability insurance carried by the crop duster, who declared bankruptcy. The landowner looked to the insured for restitution. The insurance carrier denied coverage citing the contract exclusion.
Outcome - Agency was held liable for breach of duty and negligence. The court ruled the agent was negligent in selling coverage he did not understand. Damages awarded to plaintiff $125,000. Agent carried a $10,000 deductible in his E & O policy.
All P&C agents and brokers.