RISK MANAGEMENT TIP: 5 Tips to Navigate the Process After Being Served with a Subpoena
The first thing to do if you have been served with a subpoena is report it to your Agents’ Errors and
Omissions insurance carrier.
If your E&O insurance is with the member companies of the Utica National Insurance Group, we can help
when you are called on to respond to a subpoena for records or deposition. The following steps can help
you navigate the process:
- Contact the Claims Department. Submit a completed First Report – Notice of Claim or Incident to
claimsnewreport@uticanational.com along with the subpoena paperwork. Call 1-800-598-8422 if you have questions. A Claims Specialist will be assigned and will guide you through the process. - Read the subpoena. You must know exactly what is being requested and by when. Act promptly as there is typically a deadline to respond.
- Begin gathering and copying documents. Do not respond to the subpoena without first talking to your Claims Specialist.
- Be prepared to discuss the situation regarding the subpoena. It may be due to a claim involving
your client where a coverage issue exists. Your Claims Specialist will need specific details about the
situation to determine if a future claim against your agency may be asserted. - Stay calm. It can be alarming to receive legal documents. Your Claims Specialist will walk you through the process to respond to a subpoena.
An attorney can be assigned to attend with you if a deposition for testimony is requested. This service is
offered to Utica National companies’ E&O policyholders at no additional cost. Please note: The precise
coverage is subject to terms and conditions of the insurance policy.
Concerned you may have a claim?
We have a pre-claims assistance helpline available, and additional information in our E&O Risk
Management Alert What Should You Do When a Customer Makes an Allegation of an Error or Omission?