E&O TIP – Avoid “Promise Language” on Your Agency Website

Be cautious of statements on your website that sound like guarantees, commitments, or ongoing advisory services. Statements such as:

• “We will make sure you have the coverage you need.”
• “Our team ensures you are fully protected.”
• “We guarantee the best coverage at the lowest price.”
• “We review all policies to ensure proper protection.”
• “You’ll never have a coverage gap with us.”
• “Our experts analyze all of your risks.”
• “We provide complete protection for your business and personal needs.”
• “We monitor your coverage so you don’t have to.”

While these may seem like effective marketing, they can create unintended E&O exposure. How?

This type of language can create expectations that extend beyond standard agency responsibilities and may be interpreted as a commitment to guarantee outcomes, continuously monitor coverage, or provide ongoing advisory services. In an E&O claim, plaintiff attorneys routinely review agency websites and may rely on these statements to argue that the agency assumed duties beyond policy placement – such as guaranteeing outcomes, continuously monitoring coverage, or acting as an ongoing advisor.

Bottom line:
Your website is not just marketing – it can also become discoverable evidence. Make sure your website language and promotional materials reflect what your agency can realistically deliver consistently for every client.