What is Affidavits?
An affidavit is a written statement made under oath and often used as evidence in legal or administrative matters. From an insurance perspective, affidavits can play a role in proving identity, confirming transaction details, or documenting that a notarial act occurred. Policies that serve notaries and signing agents often consider affidavits in the context of errors & omissions (E&O), surety bonds, and records retention requirements.
Who needs it
Notaries public, mobile notaries, loan signing agents, and small firms that handle notarizations routinely are the primary users of affidavit-related documentation. Title companies, escrow officers, and attorneys who rely on notarized affidavits for closings or transactions also manage the related insurance exposures through professional liability and general liability coverages.
What it typically covers
Coverage tied to notarial work usually focuses on professional liability for mistakes in the notarization process (E&O), protection for financial loss caused by negligence, and surety bond requirements that guarantee faithful performance. Many programs also offer optional cyber liability and data breach protections to cover electronic affidavits or stored client records. For guidance on broader notary risks and coverage options see the overview on Notary Duties, Risks, and Insurance (E&O, Bonds, Cyber).
Common exclusions or limitations
Policies commonly exclude intentional wrongdoing, criminal acts, fraudulent signatures, and claims arising from services beyond the named insured’s stated scope. Some endorsements limit coverage for mobile operations, cross-border notarizations, or notarizations performed without proper identification. Underwriting factors and recordkeeping practices can also create limitations that affect a specific claim.
Factors that influence cost
Premiums are influenced by the volume of notarizations, type of transactions handled, past claims history, requested limits, and whether the notary offers mobile or remote online notarization services. Underwriting factors like business operations, client types (e.g., real estate closings), and whether the insured carries a surety bond or cyber coverage will also affect pricing. For example, a mobile signing agent who travels to closings increases transportation and exposure considerations compared with an in-office notary.
Proof of insurance & compliance
Many lenders, title companies, and contracting parties require proof of E&O coverage and a current surety bond before accepting notarized affidavits. Insureds often provide certificates of insurance or endorsements that name interested parties. To review solutions tailored for notaries and related professionals, see the Notaries Public Insurance storefront.
How to get a quote
Compare limits for E&O, bond amounts, and available cyber or general liability add-ons when shopping for coverage. If you handle specialized transactions, a tailored professional liability policy may be advisable. For an example of a related professional program, consider industry-specific E&O offerings such as Court Reporters Errors & Omissions Insurance, which illustrates how niche underwriting addresses occupation-specific risks. If you're unsure which limits fit your work, talk to your agent about your operations and exposures to get a personalized quote.
Risk scenario: a mobile notary traveling to a signing could face a claim if a signer later disputes identity verification—proper E&O coverage and secure recordkeeping help manage that exposure.
Frequently Asked Questions
Do notaries need separate E&O insurance for affidavits?
E&O insurance is not always legally required, but it protects against claims of negligence or mistakes related to notarizations and is commonly recommended for notaries who perform many or high-value transactions.
Is a surety bond the same as E&O coverage?
No. A surety bond guarantees faithful performance and may provide compensation for certain losses, while E&O (professional liability) covers claims alleging negligent or negligent acts that cause financial loss.
Will cyber liability cover electronic affidavits?
Cyber liability can cover breaches involving electronic records and client data, but coverage depends on policy terms and whether electronic notarization exposures were disclosed to the insurer.
Still have questions? Talk to a local insurance expert.