2. Administrative Details
Attendees are in listen only mode.
Questions? Please use the Gotowebinar questions feature in the upper right and we will do our best to respond.
For panelist questions after the webinar:
Ellen McCarthy, CPCU, RPLU -
Angelynn Heavener, CIC,CPIA-
Rick Oldenettel-
Annette Ardler CPIW, DAE, AIAM –
No CE or loss control credit for listening to today’s discussion.
The slides and audio will be available on E&O Happens soon.

3. Our Panelists
Ellen McCarthy, J.D,CPCU, RPLU is a Vice President and Claims Expert at Swiss Re Corporate Solutions. Ellen  joined  a predecessor of Swiss Re in 1996 as a lawyers professional liability claims specialist and has handled professional advisors claims in a variety of capacities over the past 18 years. She currently adjudicates complex attorney malpractice and insurance agent errors and omissions claims. Prior to joining Swiss Re, Ellen practiced insurance defense in suburban Washington, DC and was a judicial law clerk for the Circuit Court for Montgomery County, Maryland.  Ellen graduated from McDaniel College with a B.A. in English/Writing and earned a J.D. from the University of Baltimore School of Law. She holds CPCU and RPLU certifications.
ANGELYNN HEAVENER, CIC, CPIA began her insurance career in 1971 joining her family’s agency. She held numerous positions in the agency consisting of CSR, producer, and eventually agency owner. In 1993, she sold her agency to join the staff of the Professional Independent Insurance Agents of Illinois. She began as assistant vice president of Marketing/Instructor and was shortly promoted to vice-president of Education. She is currently the principal of Insurance Training Plus, Inc., a professional training and consulting firm focused on education and agency operations, that she began in She also conducts internal Errors and Omissions audits on agencies throughout the country and works with agencies on developing procedures, workflows and sales centers. She also co-authored a book on Errors and Omissions audits and writes articles for various state insurance association magazines.

4. Our Panelists Continued
Annette "Nettie" Ardler- CPIW, DAE AIAM is a Vice President, Senior Underwriter. Nettie is responsible for the underwriting of 5 states that are part of the Independent Insurance Agents Errors and Omissions Program for Swiss Re. Nettie is also a member of the E&O Risk Management team for independent insurance agents and a certified CE instructor in Virginia. Prior to joining Swiss Re, Nettie was an E&O Administrator for the Independent Insurance Agents of Virginia and has experience underwriting medical malpractice, legal malpractice, and miscellaneous professionals E&O. In addition to earning her bachelors in Paralegal Studies from the University of Richmond, Nettie has earned the Certified Professional Insurance Woman (CPIW), Diversified Advanced Education (DAE) and Associate in Insurance Account Management (AIAM) designations.
Rick Oldenettel, Esq is the founder of Oldenettel & Long Law Firm and has 36 plus years of litigation experience. Oldenettel & Long is recognized by A.M. Best Companies Best’s Directory of Recommended Insurance Attorney’s. Mr. Oldenettel received his J. D from South Texas College of Law. He was a member of the Editorial Staff and South Texas Law Review. He is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell. He has been recognized by H Texas Magazine as one of Houston’s Top Lawyers of 2014/2011/2010, Top 100 Professional by H Texas Magazine in 2010, and in 2009 as one of Houston’s Top Lawyers for the People. He is a frequently invited speaker regarding litigation issues for companies and organizations throughout Texas.

5. Underwriter Viewpoint
by Annette Ardler

6. E&O Underwriter Review
Are you collecting information on your website (i.e., quote form, Contact Us page)?
Privacy Statement
Information on website matches E&O application
Language used to describe your services, experience, expertise

7. Auditor Viewpoint by Angelynn Heavener

8. Reviewing Your Website
Does it reflect the services offered by the agency?
Is the list of carriers up to date?
Does it have the potential to mislead the client about the services offered by the agency?
No superlatives – “best agent in town” – “best coverage provided” – “expert” – etc.

9. Reviewing Your Website
Does it contain a disclaimer to the effect that coverage cannot be bound without confirmation?
Is the website updated regularly?
The concern is overstating expertise or capabilities of the agency ad creating an increased standard of care.

10. Claims Viewpoint by Ellen McCarthy

11. Why the concern?
Claimants will assert website language creates a special relationship
If a special relationship between an agent and customer is found, the agent may have an affirmative duty to advise about types and limits of available coverage.
Claimants will assert they read the website and relied on it.

12. Claims Examples Website language: Mission statements:
“Our agents will help you choose the amount of coverage that best fits your individual situation,... our professionals will work hard to insure that you are fully covered for all those risks that most apply to you" and "we'll produce the most complete plan to safeguard your business."
Mission statements:
"We will obtain coverage to fully protect the financial stability and assets of our customers."

13. Questions to Ask
Are there any representations that may create an unrealistic expectation by a customer?
Are there promises being made that the agency may not be able to fulfill?
Is the agency inadvertently creating a heightened standard of care through its written commitments?
Would you want your website statements to be blown up on a poster board as a trial exhibit?

14. Defense Counsel Viewpoint
By Rick Oldenettel

15. Website Examples
We help you identify value, control, transfer and finance risk, at the lowest possible net cost.”
“We start by taking the time to learn your business. We ask the right questions, to uncover your unique requirements and individual concerns. Then we help you to understand your potential for risk, no matter how elusive it may seem.”
“We address your need for a comprehensive risk management program and can reduce your overall cost, increasing your profitability and productivity.”

16. Website Examples Continued
“We’ll produce the most complete plan to safeguard your business and help you reduce the frequency, severity and cost of claims.”
“We dig into the insurance specs to make sure you include all proper coverages on every job you bid.”

17. Related Resources:

18. Resources Sample Website Privacy Statement & Disclaimer
Webinar: “Standard of Care”
“Do Insurance Agents have a Duty to Advise,” an article, color coded map and summary by Myles Hasset, Esq & Julie Moen, Esq.
E&O Angle Article- “Above and Beyond: When Web Sites Create Additional Duties” Author: Dawn Goeres, JD, CPCU
Do’s & Don’ts Flyer

21. Panelist Email Addresses:
For panelist questions:
Ellen McCarthy, CPCU, RPLU -
Angelynn Heavener, CIC,CPIA-
Rick Oldenettel-
Annette Ardler CPIW, DAE, AIAM –
Please cc: &

22. Thank you!