What is Notary Public Errors and Omissions?
Notary Public Errors and Omissions (E&O) insurance — sometimes called professional liability for notaries — protects commissioned notaries against claims that arise from mistakes, oversights, or negligent acts while performing notarial duties. Coverage typically helps pay legal defense costs and settlements if a client alleges a misplaced signature, incorrect acknowledgment, or a faulty identity verification. Related exposures include document-handling errors, risks tied to electronic notarization, and record-keeping or compliance questions.
Who needs it
This coverage is commonly purchased by individual notaries, mobile notaries, signing agents, title professionals, and organizations that employ in-house notaries. Independent contractors who handle high volumes of loan signings or remote online notarizations often choose higher limits. For more on tailored options for commissioned professionals, see Notary Public Professional Liability Insurance: https://completemarkets.com/Notary-Public-Professional-Liability-Insurance/Storefronts/.
What it typically covers
Typical features of a Notary E&O policy include:
- Legal defense costs for alleged mistakes or breaches of professional duty
- Settlements or judgments where the notary is found liable
- Claims for improper identification, incomplete acknowledgments, or missing signatures
- Loss of client documents and limited technology-related errors tied to electronic notarizations
For practical guidance on notary duties that relate to common claims, review Notary Duties and Insurance Overview: https://completemarkets.com/Notary-Insurance/Storefronts/.
Common exclusions or limitations
Policies usually exclude intentional fraud or criminal acts, bodily injury and property damage claims (those require general liability), punitive damages in some jurisdictions, and claims arising from activities outside the scope of notarization. Contractual liability and fines or penalties imposed by state authorities are often not covered. If you’re concerned about gaps like documentation errors that aren’t considered “negligent,” see Error of Omission Insurance: https://completemarkets.com/Error-of-Omission-Insurance/Storefronts/ for related coverage considerations.
Factors that influence cost
- Claims history and any prior professional liability suits
- Number of notarizations performed annually and type of signings (loan signings vs. routine documents)
- Coverage limits and chosen deductible
- Whether you perform remote online notarizations or handle high-value real estate closings
- State-specific licensing or bond requirements
Proof of insurance & compliance
Insurers provide certificates of insurance that verify coverage and limits. Some signing companies, title agencies, or employers may request a certificate or specific limits before assigning work. Remember that a state-required notary bond is separate from E&O insurance and does not replace professional liability protection.
How to get a quote
Compare policies and limits through a broker or insurer that understands notarial exposures. Gather your commission information, estimated annual notarial transactions, and any claims history. If you’re unsure which limits or endorsements you need, ask your agent for guidance and a tailored quote.
Frequently Asked Questions
Do I need E&O if I already have a notary bond?
A bond and E&O insurance serve different purposes. A bond typically protects the public from certain financial losses and is a state requirement; E&O covers legal defense and settlements for alleged professional mistakes.
Will E&O cover electronic or remote notarizations?
Many policies offer limited coverage for electronic notarizations, but availability and limits vary. Disclose remote notarization activity when requesting a quote to ensure appropriate coverage.
How much coverage should a signing agent carry?
Coverage needs depend on transaction volume and the size of documents handled. Common limits start modestly, but signing agents working on real estate or loan closings often select higher limits; discuss options with your insurer.
Still have questions? Talk to a local insurance expert.