How Insurance Agents Can Reduce Liability Risk: Lessons from Insurance Agent E&O

In this episode of the Insurance Agent E&O, Dana Gittleman and Jeremy Zacharias of Marshall Dennehey share expert guidance on mitigating professional liability risks in insurance. Drawing from years of claims experience, they explore best practices insurers and agents alike can implement to strengthen legal defenses and preserve credibility. Here are some crucial takeaways from this insightful episode:

Document Everything

Memories fade, but written records remain. Properly documenting client communications—especially around coverage requests, offerings, and rejections—can be critical in defending against future claims. Use email and agency diary software to create clear, dated summaries.

Make Contemporaneous Notes

Timely note-taking is vital. Notes should be made during or shortly after interactions to avoid the appearance that they were created in anticipation of litigation. Timestamped entries in your agency management system enhance credibility and ensure timely follow-up.

Preserve Attorney-Client Privilege

When a claim or litigation arises, keep communications confidential and focused. Avoid discussing ongoing claims directly with the customer. Communications should strictly pertain to the insurance procurement or renewal process to maintain attorney-client privilege.

Record Coverage Discussions Clearly

Detail every aspect of coverage discussions, including what the client requested, what was offered, and what was declined. This documentation can serve as a key defense in E&O claims and shows that you met your professional obligations.

Use Joint Defense Agreements When Appropriate

In multi-party litigation, a joint defense agreement helps preserve privileged communications between attorneys. Ensure the agreement is in writing and signed by all participating counsel.

Interested in learning more about this topic? Listen to the full episode here.

Meet the Speakers

Dana A. Gittleman, Esq.

Shareholder, Marshall Dennehey

Jeremy J. Zacharias, Esq.

Shareholder, Marshall Dennehey

Jeremy J. Zacharias is a shareholder in Marshall Dennehey’s Professional Liability Department. Jeremy focuses his practice on representing and defending various licensed professionals facing professional liability claims including attorneys, accountants, insurance producers, corporate directors and officers, and financial institutions, among others. He also represents clients in privacy and data breach matters and handles cases involving intellectual property, copyright and trademark infringement. Jeremy received his Juris Doctor from Rutgers University School of Law and received a Bachelor of Science Degree from the LeBow College of Business at Drexel University.