November 1989 was a significant historical month.  There were two important things that happened in November 1989 that we all should take a moment to reflect on. 

The first event was the taking down of the Berlin Wall that divided East and West Germany.  This event help unify a city that had been divided for almost thirty years. 

The other great historical event that occurred in November 1989 was the publishing of the first E&O Report by the Independent Insurance Agents Association of New York, Inc. (which is now Big I NY).  The title of the first E&O Report was “Insurance Agent Held to Have No Separate Obligation to Notify Insured of Cancellation Where Insurer Required to Give Direct Notice."^[1]  That E&O Report provided an overview of a court opinion which provided insurance agents and brokers with guidance as to how they should handle a particular type of cancellation issue.  The first E&O Report stated that the purpose of The E&O Report was to publish “A special report reviewing trends in insurance agent's and broker's errors and omissions liability."   Ever since that time thirty years ago, the New York independent agent's association has continued to publish The E&O Report to help keep agents and brokers informed of important trends and issues that affect their businesses and insureds.  Even after thirty years, The E&O Report is one of the best-read publications issued by the association.     

In the thirty years that have passed since that very first E&O Report was published, many issues and trends have been covered.  Trends and changes in the law, Regulations and Statutes, Acord forms, documentation, case studies, agency and brokerage agreements, and hundreds of other topics have been addressed.  During the past thirty years, many things have changed in both the insurance agency world and also the world as a whole. 

Though the world has changed tremendously over the past thirty years, one thing that has not changed is the importance of the independent insurance agent and broker.  Every day, the independent agent or broker works to help protect both families and businesses from the ever-changing risks that they face in the world.  Another thing that has not changed over the past thirty years is the purpose of the E&O Report.  Every month we attempt to report to you about the trends in E&O law that New York insurance agents and brokers should be aware of in their daily business lives.  This is something that we will continue to do in the years and decades ahead.  For this month, however, we are taking a break from reporting on the E&O trends and issues and instead we are taking time to recognize the thirtieth anniversary of The E&O Report. 

Those of you who know us at Keidel, Weldon & Cunningham know that we are truly committed to E&O loss control and sharing with independent agents and brokers the information and practices that they should follow in order to help protect both their insureds and themselves. Over the past thirty years, we have witnessed firsthand the importance of every agency or brokerage following good E&O loss control practices. We understand that today's insurance agency or brokerage that has a true commitment to E&O loss control will not only survive, but will continue to thrive, in the years to come. 

Submitted by:

James C. Keidel, Esq.
Keidel, Weldon & Cunningham, LLP

^[1] If you are interested in reading Volume 1, Number 1 of The E&O Report for purposes of nostalgia or just curiosity, you can access it by clicking on this link: The E&O Report November 1989.  

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.