Marketing: Making Sure It Doesn’t Become Exhibit A

• December 29, 2025

By Donna Asta

Today’s insurance marketplace is competitive. As a result, nearly all brokers and agents market themselves through emails, mailers, websites and social media. However, brokers might overlook the crucial fact that everything that is published is “on the record.”

Plaintiff’s attorneys, regulators and even disgruntled clients can—and do—copy and paste brokers’ marketing claims into complaints or lawsuits. That catchy slogan promising “full protection, no matter what” might look great on your homepage, but in a courtroom, it could be used as Exhibit A.

Effective marketing is important, but careless marketing can be dangerous. When it comes to marketing while managing your own risk, the primary tip is simple: Don’t overpromise. Avoid statements like “we’ll always get you the lowest premium” or “we’ll ensure you’re covered for all risks.”

Opposing parties are quick to seize on such exaggerated statements and use them against you. For example, if a client’s claim is denied, they might use your statements against you to argue that you guaranteed coverage.

Instead, highlight verifiable strengths:

• “We work with multiple carriers.”
• “We are able to shop around for multiple options.”
• “We provide personalized service.”

Any figures you include should be based on actual data or evidence. If you advertise that you save clients an average of 30% on their premiums, you should maintain data to prove it. If you promote that you are with the largest growing brokerage, keep the evidence to support it. Being accurate not only builds trust with your clients but also protects you if faced with a lawsuit.

Also, ensure that none of your marketing channels contain any overstatements. Online materials are readily available to the public, which includes your clients and plaintiffs’ attorneys. In particular, posting on LinkedIn or Facebook is quick and easy and is usually not reviewed by anyone else. Avoid falling into the trap of overstating your abilities and services in any post. A good rule of thumb is never to publish anything that you would not want a jury to see.

Testimonials are also compelling and add credibility to marketing materials. However, they can be used against you to argue that you created unrealistic expectations or violated a client’s privacy. To protect yourself, obtain written consent for all testimonials, anonymize the client’s personal information, avoid editing that could change the meaning or take it out of context, and include disclaimers indicating that results may vary.

Your disclaimers should also include whether you have stronger ties to any particular carriers, if your compensation varies and how independent you are. If you claim to provide unbiased advice, it can be risky if most of your income is tied to a certain product or carrier. An attorney can, and likely will, pick up on that.

Further, obtain written permission before you use a carrier’s logo on any marketing materials. Using them without permission may create legal concerns or breach your contract with the carrier.

To avoid those pitfalls, provide training to your staff on proper marketing and create internal policies and procedures. As part of this, ensure that all materials are reviewed by your legal counsel or your compliance department before anything is published. It is much easier to revise something before it is published than to defend it in a courtroom.

The bottom line is that insurance brokers and agents function in a unique intersection of trust, regulation and competition. While marketing is important, any statement you put into the public space can be used against you. Many times, such content is copied and pasted into a lawsuit or used as an exhibit.

By keeping your advertising truthful, transparent and compliant, you not only reduce your legal risk, but also strengthen the trust that clients place in you. The best marketing doesn’t just win new business—it stands up under scrutiny.

Donna Asta is vice president and senior underwriter and risk manager with Swiss Re Corporate Solutions working out of the Chicago office. Insurance products underwritten by North American Capacity Insurance Company and Swiss Re Corporate Solutions America Insurance Corporation, Kansas City, Missouri, members of Swiss Re Corporate Solutions.

This article is intended to be used for general informational purposes only and is not to be relied upon or used for any particular purpose. Swiss Re shall not be held responsible in any way for, and specifically disclaims any liability arising out of or in any way connected to, reliance on or use of any of the information contained or referenced in this article. The information contained or referenced in this article is not intended to constitute and should not be considered legal, accounting or professional advice, nor shall it serve as a substitute for the recipient obtaining such advice. The views expressed in this article do not necessarily represent the views of the Swiss Re Group (“Swiss Re”) and/or its subsidiaries and/or management and/or shareholders.