Is Your Website and Marketing Material an Errors & Omissions Landmine? 

• By: Nancy Germond
• November 28, 2025

Marketing, even with the introduction of generative artificial intelligence (AI), is a labor-intensive process. Keeping marketing material fresh without exposing your agency to a higher standard of care or an errors & omissions (E&O) claim can be difficult. The digital world opened new horizons to insurance agencies, whether through consistent social media exports or video teasers posted on TikTok or Facebook Threads. However, with any media channel comes increased risks for agency owners.  

Why Words Still Matter 

As you have heard frequently, the words and phrases used in your marketing materials can unintentionally create legal liabilities, turning your website into an E&O landmine. 

The basis for this article is Swiss Re’s excellent online seminar “Your Website Says What?” available on E&O Guardian. In it, E&O experts explain how certain words can increase your legal standard of care, highlight problematic phrases you should avoid and provide actionable best practices to protect your agency. However, the online seminar pertains not just to your website. All your marketing collateral – handouts, email verbiage, even business cards – can elevate your standard of care and open your agency to an E&O claim  

Seemingly harmless words chosen to build trust and convey confidence can elevate an agency’s standard of care. This can create a “special relationship” in the eyes of a client and the law, potentially generating liability in an E&O claim. This is particularly true if you are outsourcing your writing to a professional writing team. Unless you’re running all your content through an attorney experienced in agency E&O (and who wants that time and money drain?), it’s best to use only writers experienced in insurance verbiage and what type of copy can create an E&O danger.  

Remember, the language you use in any marketing materials is open to greater scrutiny than ever before as the plaintiff bar dissects your agency’s practices and marketing collateral after a claim.  

Understanding the Standard of Care 

Your professional standard of care defines the level of skill and diligence your legislators ruled an insurance agent should provide. This standard isn’t uniform; it varies by state and can fall into different levels, from a basic “order taker” to an agent who holds a “special relationship” with their client. A great tool for Swiss Re policyholder members on the EO Guardian website is a book by Myles Hasset, an Arizona attorney who wrote Insurance Producers’ Duty to Advise. This book outlines an agent’s duty in all 50 states.  

You never want your marketing efforts to propel you into a higher standard of care than required by your state.  

Words and Phrases to Avoid on Your Website 

When you use terms like “expert,” “best,” or “comprehensive,” you might unintentionally increase that standard. If a client relies on this marketing language and later suffers a loss they believe covered by the policy, your insureds may use your own words to argue that you failed to meet the higher duty of care you advertised. 

Using certain words and phrases is like raising a red flag for your clients and their attorneys to any alleged lack of coverage. Very often, agents are put on the stand or deposed and asked, “Did you say in your marketing letter, ‘We have extensive expertise in your industry and will create coverage options to keep you fully covered?’” This means the agent must answer “yes,” which makes the claim harder to defend.  

While these phrases may seem like effective marketing copy, they potentially create unrealistic expectations and increase your standard of care. It is crucial to at least annually review your website, social media and all marketing materials to ensure you aren’t making promises you can’t keep. You can also hire an auditor who will do this for you. The Big “I” keeps a list of experienced marketing auditors.  

Avoid Phrases That Imply Guarantees 

Using language that promises a specific outcome can lead to significant liability when a policy does not perform as the client expected. Insurance is a nuanced contract, complete with terms, definitions, conditions, exclusions and even warranties. Many marketers who supply copy to our industry do not consider or do not fully understand the E&O implications of their ad copy.  

Avoid these types of words and phrases.  

• Expert 

• Tailored 

• Guaranteed coverage 

• You’re fully protected 

• All risk 

• Comprehensive coverage 

A court may find these phrases binding, and your words or phrases may increase your standard of care. When the carrier denies a claim or limits coverage due to a policy limitation or exclusion, your clients or their attorneys can and will, if possible, point to your marketing materials or other communications and claim you misled them.  

Avoid Phrasing That Sounds Like Legal or Financial Advice 

Insurance agents provide a vital service, but we are neither attorneys nor financial advisors unless we hold those specific licenses. Offering advice that strays into these professional territories is a serious E&O risk. Nowhere is this truer than when reviewing contracts for insurance requirements.  

Avoid these types of statements.  

“This policy will protect you from lawsuits.” 

“I’m not a lawyer, but this hold-harmless language looks good to me.” 

“This is the best investment for your future.” 

“This will save you from bankruptcy.” 

Your clients can interpret these types of statements as professional legal advice. If a client acts on your guidance and suffers a financial or legal loss, the liability could fall on your agency. 

Always document conversations with your clients in your agency management system. To further protect yourself, write a brief email recapping your conversation. Always, always recommend in your email that your client run any contracts by their legal counsel.  

Avoid Language That Makes Unrealistic Service Offers 

While you want to assure clients that they are in good hands (excuse the phrase), phrases that suggest you can control all aspects of the insurance process can create duties that are impossible to fulfill. 

Avoid claims such as these.  

• “We’ll handle everything for you.” 

• “We’ll make sure your insurer pays your claim timely.” 

• “We’ll shop all the markets and get you the best deal.” 

• “We’ll go overboard to advocate for you in a claim situation.”  

• (This goes under the “no good deed goes unpunished” division of E&O claims.) 

These statements imply a level of control that agents do not have, especially regarding underwriting and claim decisions made by the carrier. This can lead to disputes when outcomes do not meet the client’s inflated expectations. 

The Problem with “Expert” Status 

Calling yourself an “expert” may seem like a powerful way to build credibility. For example, a phrase like “We are the experts in wet marine coverage” sounds confident. However, it can also create a higher legal standard of care. If a client believes your advice was flawed, they can argue you did not meet the very standard of expertise you claimed to have. 

Safer alternatives include the following phrases. 

• “We specialize in wet marine risk management.” 

• “Helping wet marine clients navigate complex risks.” (Like the pun there?) 

• “Our team understands the unique challenges of wet marine insurance.” 

• “Our relationship with wet marine insurers is deep.”  

These versions highlight your focus and experience without making absolute claims that are easier to legally challenge.  

Best Practices for E&O-Safer Marketing 

“What can I say that won’t get me sued?” exposing yourself to unnecessary legal risks. The key is to be clear, factual, transparent and general, not specific. 

• Review Your Website Verbiage Regularly 

Regularly review all your marketing materials, including your website, social media profiles, brochures and business cards. Ensure you’ve used appropriate language which does not overpromise. 

• Always Use Appropriate Disclaimers 

Include clear disclaimers on your website and in all proposals and emails. State that coverage is subject to the terms, conditions and exclusions of the specific policy, and that coverage depends on underwriting approval. 

• Stick to the Facts 

Describe what a policy does, not what it might do. Focus on factual statements about your services and experience. Instead of saying you’re the “best,” explain that you have “served the community for 20 years” or are “trusted by over 500 businesses across three states.” 

• Never Interpret Policy Language 
    

When a client has a question about specific coverage details, refer them to the policy documents or to their insurer. Avoid giving decisive coverage interpretations that insureds or courts could construe as a binding guarantee. 

• Document Everything 

Keep detailed written records of your communications, including text messages with clients. Your coverage analysis, coverage recommendations, claims advice and other communications and advice you offer can come back to haunt you. You never want to get into a “He said, she said,” argument.  

When you offer coverage, always document any rejections, including rejections for higher limits. The EO Guardian website offers coverage declination forms for Big “I” members. Even if your client doesn’t sign and return the form, it imprints in their mind that you offered the coverage, and you have the documentation to back up that offer. Documentation is always your strongest defense in an E&O dispute. 

Protect Your Agency by Choosing Your Words Wisely 

The language you use to promote your insurance agency matters greatly. While your goal is always to attract and retain clients, using absolute, ambiguous, or too-confident phrases can create significant legal and financial risks. By focusing on clear, factual communication and avoiding promises you can’t keep, you can build trust with clients while protecting your agency from potential E&O claims. 

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