Insurance Agents and Brokers

Goldberg Segalla attorneys have successfully represented insurance agents and brokers in hundreds of errors and omissions claims and lawsuits on a regional and national basis. Our experience includes the representation of insurance agents and brokers in errors and omissions claims arising out of both first-party and third-party claims, in connection with placements in the excess and surplus lines market, as well as personal lines, commercial lines, professional liability, umbrella excess, and workers' compensation coverage.

The attorneys in the firm’s Management and Professional Liability Practice Group have experience in the highly specialized law, strategies, and techniques required to achieve prompt, outstanding, cost-effective results in the defense of insurance agents and brokers. There is an art and a science to defending these claims, and Goldberg Segalla’s attorneys are well-versed in both. Our attorneys who specialize in agent and broker E&O defense are not only highly successful litigators, but also acknowledged leaders in the field who have lectured extensively on agent/broker E&O issues and authored guiding texts and numerous articles on the topic.

An additional strength of the firm’s insurance agent and broker E&O defense practice is our ability to collaborate creatively with and draw on the deep experience of our industry-acclaimed Global Insurance Services Practice Group, which is available to quickly and accurately identify any and all relevant coverage issues and arguments, and any alternative sources of coverage for the underlying claim. Moreover, when an E&O lawsuit is brought due to an underlying liability claim, such as a labor law claim in the construction industry, Goldberg Segalla attorneys in other practice segments are available to lend their experience to resolve the underlying liability claim in alignment with the interests of the insurance agents and brokers and their E&O insurers. In addition, we complement these services with the work of our insurance regulatory practice, which provides guidance for insurance producers and other intermediaries in the insurance industry on the full range of regulatory challenges they face.

While we take great pride in our E&O defense capabilities, we don’t just defend E&O claims — we actively assist our clients in trying to prevent them. We are committed to providing insurance agents and brokers and their E&O insurers with cutting-edge, practical errors and omissions loss control advice and to help them implement those techniques. In the event of an errors and omissions claim or lawsuit, Goldberg Segalla attorneys work closely with the agents and brokers as well as claims representatives and claims counsel to swiftly develop and implement a winning strategy while keeping down both indemnity and defense dollars. Our "roll up your sleeves" approach includes meeting personally with agency principals and personnel. There our attorneys memorialize recollections of the insurance transactions and identify and secure the relevant documentary and computerized evidence, as well as key agency practices and procedures in order to craft a superior defense. From our first meeting with the agency to the time we conclude the E&O claim or lawsuit, we are highly cognizant and sensitive to the fact that agents and brokers are often caught in the middle between the relationships that they have with their customers and the involved insurers. We understand those relationships and the contractual agency agreements that may govern them.

Not only are we deeply committed to continuously improving our knowledge and experience of the prevailing law, we are determined to shape it so that it is as favorable to insurance agents and brokers as possible. In addition, we are committed to updating our knowledge of the business issues that face insurance agents and brokers, including changes in the insurance industry and industry technologies. These changes affect insurance agencies' and brokerages' errors and omissions exposures and call for updated loss control techniques.

Goldberg Segalla is also available to represent insurance agents and brokers outside of an insured claim, including with respect to errors and omissions loss control and prevention seminars and audits, and to assist the insurance agents and brokers in obtaining insurance coverage for claims on behalf of the customers against the insurance agency or brokerage.

Leadership in Insurance Agents and Brokers Defense

Committed to sharing our knowledge and experience in defending insurance agents and brokers in professional liability matters — and to working with other attorneys, claims-handlers, policy writers, and other insurance industry professionals to further the interests of the industry and the defense bar — we have served in leadership roles in numerous legal and professional organizations, including:  

  • Professional Liability Defense Federation (PLDF)
  •      Co-Chair, Insurance Committee
  •      Vice Chair, Insurance Agent/Broker Claims Committee
  • American Bar Association (ABA)
  •      Tort Trial and Insurance Practice Section: Chair, Professional Liability Insurance Committee (PLIC)
  •      Section of Litigation: Insurance Coverage Litigation Committee and Professional Liability Litigation Committee
  • Federation of Defense and Corporate Counsel (FDCC)
  •      Chair, Insurance Coverage Section
  •      Co-Chair, Insurance Industry Committee
  • Professional Liability Underwriting Society (PLUS)