Errors and Omissions Insurance/Indemnity Fund Information for
State of: _____________________
Contact Person ______________________________ Phone _____________________
1. How long has E&O insurance been mandatory for real estate licensees? ___________
2. What were the motivations for making E&O insurance mandatory? ______________
____________________________________________________________________
____________________________________________________________________
_____________________________________________________________________
____________________________________________________________________
3. Did your state have an indemnity fund before E&O became mandatory?
Yes __________ No ___________
4. If yes for (3), how was the indemnity fund funded before E&O became mandatory?
____________________________________________________________________
5. Do you still have an indemnity fund?
Yes __________ No _________
6. If yes for (5), how much does it cost each year to administer the indemnity fund?
$_____________
7. If yes for (5), are licensees required to reimburse the indemnity fund for claims made
against them? Yes _________ No ___________
8. If yes to (5), are licensees suspended until they reimburse the indemnity fund?
Yes _________ No ________
9. If yes to (5), are brokers responsible for claims made against their salespeople?
Yes ________ No _________
10. If yes for (5), how is the indemnity fund currently funded?____________________
___________________________________________________________________
11. If yes to (5), what is the current balance in the indemnity fund? $ _____________
12. If yes to (5), what is the statutory minimum for the indemnity fund? $ ___________
13. If yes to (5), what was the number of claims on the fund during 2001? ___________
14. If yes to (5), what was the number of claims on the fund during 2002? ___________
15. If yes to (5), what was the number of claims on the fund during 2003? ___________
16. If yes to (5), what was the average claim amount during 2001? ___________
17. If yes to (5), what was the average claim amount during 2002? ___________
18. If yes to (5), what was the average claim amount during 2003? ___________
19. How many active real estate licensees in your state at year-end?
Brokers in 2001 _____________ 2002 ____________ 2003 ______________
Salespeople in 2001___________ 2002 _____________ 2003 ______________
20. What is the name of the insurance company(ies) your state is currently contracted
with to provide E&O insurance?_______________________________________
21. How long has this company been your designated coverage provider? ___________
22. Who is responsible for contracting with the E&O insurance company?
___________________________________________________________________
23. What state agency administers E&O program? ___________________________
24. How much does it cost annually to administer the state E&O program? $_____________
25. How frequently do you select an insurance company? _______________________
26. In the selection process, what system is used? (e.g., sealed bid) ________________
27. What is the current insurance contract period? ______________________
28. What other companies has the state contracted with for E&O insurance in the past?
___________________________________________________________________
29. If applicable, why did you last switch insurance companies?
__________________________________________________________________
30. What are the contract details of your current E&O insurance contract?
Annual premium __________________________ Paid by ___________________
Minimum coverage amounts _____________________________________________
Deductible amount____________________________________
Exclusions _________________________________________________________
31. Can licensees obtain coverage with another insurance company?
Yes _______ No ________
32. How many licensees are currently covered by the insurance company contracted with
the state?
Number of brokers ____________ Number of salespeople ______________
33. Is the percentage of licensees currently covered by the company contracted with the
state approximately the same as the percentage covered in previous years?
Yes _______ No ________ If No, please explain ___________________________
________________________________________________________________________
34. Please check the one of the following that best describes how satisfied you are with your state’s experience with mandatory E&O insurance coverage?
Very satisfied____ Satisfied____ Neutral____ Dissatisfied____ Very Dissatisfied____
35. What problems, if any, have been encountered with mandatory E&O insurance
coverage? ________________________________________________________________________
________________________________________________________________________
36. What do you consider to be the advantages of mandatory E&O insurance?
________________________________________________________________________
37. What do you consider to be the disadvantages of mandatory E&O insurance?
________________________________________________________________________
________________________________________________________________________
38. Does the company that currently provides your E&O coverage also provide other
insurance for the state? Yes ________ No _________
39. If yes to (38), why? (e.g., lower premium) _____________________________
40. What was the number of E&O claims during 2001? ___________
41. What was the number of E&O claims during 2002? ___________
42. What was the number of E&O claims during 2003? ___________
43. What was the average E&O claim amount during 2001? ___________
44. What was the average E&O claim amount during 2002? ___________
45. What was the average E&O claim amount during 2003? ___________
46. If you know, what is the AM Best rating for the company with which you are
currently contracted? ________________
47. Any other comments you would like to make?