Recently, a Big I NY member called me to discuss a topic that was addressed in last month's issue of The E&O Report.  During that discussion, the agent asked me about the history of The E&O Report, which he said he has been reading faithfully for well over 20 years.  I have received this question from NY agents and brokers many times over the years.  Accordingly, this issue of The E&O Report is dedicated to the long history of The E&O Report.

Agents and brokers often tell us that one of the most important E&O loss control resources that is available to them as Big I NY members is The E&O Report. The very first issue of The E&O Report was published by Big I NY (which at that time was known as the Independent Insurance Agents Association of New York, Inc.) almost 30 years ago, in November 1989.^[1]  Since November 1989, over 330 issues of The E&O Report have been published.^[2] The E&O Report has most often been used during the past 3 decades to bring to the attention of Big I NY members legal issues and trends that affect their agencies and brokerages.  Very often the topics and issues that we cover in The E&O Report will not only help protect against a potential E&O claim or lawsuit, but can also help increase the level of customer service provided and the amount of business that is done. 

According to statistics maintained by Big I NY, The E&O Report is one of the most widely read of its various publications.  The profile of the agencies and brokerages that read The E&O Report are as diverse as New York State itself.  It is read by agencies and brokerages all the way from Jamestown to Plattsburgh to NYC to Montauk, ranging in size from 1 employee to several hundred employees.  We regularly receive calls and emails from NY insurance agencies and brokerages with comments and questions regarding E&O Reports we have written and also suggestions for topics for future issues.   We are always gratified when agents and brokers take the time to contact us regarding The E&O Report.  The feedback that we receive shows us that NY agents and brokers are always contemplating ways to avoid potential E&O issues and they understand the importance of following good loss control practices. 

Many principals of agencies and brokerages have advised us that they often share the E&O Reports they receive with agency personnel when topics may be relevant to their particular jobs.  Principals also routinely tell us that they will often adopt or modify their business practices and procedures based upon the information provided in a particular E&O Report.

Over the years, we have covered the alphabet of topics affecting Big I NY members in The E&O Report many times over with issues regarding Applications, Binders, Certificates of insurance, Duty of care, Evidence of property, Fraud, Guarantee Funds… through Reservations of rights, Statutes of limitations, Tropical storms, Uninsured/underinsured motorist coverage, Variable life insurance policies and annuities, … all the way to the end of the alphabet with Zero tolerance for the lack of compliance with good E&O loss control practices.    

As we do with the annual E&O loss control seminars, we invite all Big I NY members to provide us with suggestions for topics for future issues of The E&O Report and feedback on topics that we address in reports that are written.  With this type of feedback, we can continue to provide Big I NY members with information that is both informative and meaningful in helping to avoid potential E&O claims and lawsuits. KWC truly values the relationship that we have with Big NY and its members.  All of us at KWC believe that through our continued collaboration with you and the association, we can provide you with valuable information through the publication of The E&O Report. And, if you were a Big I NY member in November 1989 and you read the first E&O Report at that time, send me an email​ and let me know; I would enjoy hearing from you!     

Submitted by:
James C. Keidel, Esq.
Keidel, Weldon & Cunningham, LLP

[1] The November 1989 issue of The E&O Report (Volume 1, Number 1) was written on the topic that New York insurance agents having no legal obligation to notify an insured customer of cancellation of an insurance policy. To read a copy of the November 1989 E&O Report, click here. 

[2] From November 1989 through 1993 The E&O Report was published monthly.  In 1994 and 1995, The E&O Report was only published on a quarterly basis.  In 1996 the monthly publication of The E&O Report resumed and continues to be published monthly today.     

Keidel, Weldon & Cunningham, LLP concentrates its practice in the defense of insurance agents and broker's errors and omissions claims and litigation, errors and omissions loss control counsel and education, insurance coverage analysis and litigation and insurance regulatory matters. Please direct any comments or questions to James C. Keidel, Esq. by mail to the main office of Keidel, Weldon & Cunningham, LLP, at 925 Westchester Avenue, Suite 400, White Plains, NY 10604, telephone at (914) 948-7000 or e-mail at jkeidel@kwcllp.com. The law firm also maintains offices in Syracuse, New York; New York City, New York; Wilton, Connecticut; Fair Lawn, New Jersey; Warwick, Rhode Island, Philadelphia, Pennsylvania, Williston, Vermont and Naples, Florida.