02 Mar Voicemail Disclaimer – Does it Really Make a Difference?
During our annual E&O Plus reviews, Angie and I are often asked if there have been any claims involving certain scenarios. Actual claim examples can play a key role in helping the agency to more fully understand the value and consequences of applying solid E&O best practices.
Quite honestly, while the E&O Plus program strongly advocates the use of voicemail (and email) disclaimers, I was not personally aware of any E&O claims where the voicemail disclaimer played a significant role in the claim’s outcome. Just recently, I was made aware of an actual claim where the voicemail disclaimer was not only part of the agency’s defense, but it was actually the key fact that resulted in the agency being found not legally liable for the client’s loss. The agency involved is not part of the E&O Plus program.
Having every agency staff member (receptionist to CEO) include a voicemail disclaimer on their phone message is easily accomplished and should be done. The objective is that the client or prospect is made aware that coverage has not been placed without a confirmation from a licensed agency representative.
A link to the aforementioned claim is being provided. The document is a court decision awarding the agency a Motion for Summary Judgment. As you review it, you may question the manner in which the agency staff member acted (or didn’t act). It definitely raised an issue in my mind. For example, why didn’t she return the phone call? I don’t know the answer to that question. How would your agency handle this type of situation?
For the court document detailing the issues and the court decision, please click here. Enjoy.