Is Your Website Increasing Your E&O Exposure?

• November 1, 2026

By Annette Ardler

For many insurance agencies, the website has become the virtual front door to their business. It is often the first impression a prospect receives and frequently serves as the foundation of an agency’s digital marketing strategy.

Yet while agencies carefully review policy language, coverage recommendations and client communications, many give far less attention to the content residing on their own websites. That oversight can be costly.

In insurance errors & omissions claims, plaintiffs’ attorneys increasingly scrutinize agency websites, social media pages, blogs and marketing materials to identify statements that can be used against the agency. What may have started as an innocent marketing message can quickly become evidence that the agency voluntarily assumed a higher duty than required by law.

Traditionally, an insurance agent’s duty is often described as helping clients obtain the coverage they request. However, under certain circumstances, an agency can be found to have created a “special relationship” with a customer. When that occurs, the agency may be held to a higher standard of care and face greater liability if a coverage gap or uninsured loss occurs.

Unfortunately, some of the most common marketing phrases agencies use can contribute to this problem. Examples include “insurance experts,” “trusted advisors,” “risk management specialists,” “partners in your success,” “we have you covered,” “the best coverage at the best price,” “comprehensive protection,” “peace of mind” and “we’ll review your coverage annually.”

These statements may sound harmless from a marketing perspective, but they can create expectations that exceed the services the agency actually provides. The problem is not that agencies intend to overpromise. The problem is that a plaintiff’s attorney only needs to show that a customer reasonably relied on those representations.

Another concern is that most website designers are marketing professionals, not insurance professionals. Their objective is simple: generate traffic, improve search engine rankings and increase conversions. To accomplish those goals, they often recommend language that emphasizes expertise, specialization, personalized advice, comprehensive solutions and other differentiators.

From a marketing standpoint, that advice makes sense. From an E&O perspective, it can create significant problems.

Before publishing website content, agency management should review every page with the same scrutiny they would apply to a client proposal or coverage recommendation. Better yet, involve legal counsel, a compliance professional or an E&O risk management resource familiar with insurance agency liability exposures.

Claims professionals report that agency websites are increasingly being quoted directly in lawsuits. In some cases, those statements have made defending the agency significantly more difficult. Examples of actual website language cited in claims include:

• “We help you identify, control, transfer and finance risk at the lowest possible net cost.”
• “We ask the right questions to uncover your unique requirements and concerns.”
• “We address your need for a comprehensive risk management program.”
• “We’ll produce the most complete plan to safeguard your business.”
• “We make sure you include all proper coverages on every job you bid.”

Imagine a customer who experiences an uninsured loss and discovers coverage that was not recommended. The plaintiff’s attorney then places the agency website statement in front of a jury and asks: “If you promised to identify all risks and produce the most complete plan, why wasn’t this exposure addressed?”

The website language suddenly becomes far more important than anyone anticipated. Even if the agency ultimately prevails, defending against claims involving heightened expectations is often more expensive and more difficult.

One real-life claim involved wording in an agency’s online staff directory. The producer’s biography stated that the individual’s background gave them a unique perspective in reviewing and interpreting policies and endorsements. At renewal, the customer’s coverage was moved to a new carrier. The producer did not review the new policy language, and the replacement policy contained an exclusion that affected coverage for a loss that would have been covered under the prior policy. The claim alleged the agency failed to procure similar coverage.

Because the website suggested this producer had special skill in evaluating policy wording, the plaintiff argued the customer reasonably expected that the new policy would be reviewed for meaningful coverage differences. What may have been intended as a flattering staff profile became a liability issue that significantly increased the agency’s E&O exposure.

One of the biggest mistakes agencies make is treating website development as a one-time project.

An annual website review should be part of every agency’s E&O prevention program. During the review, agencies should:

• Search for words such as “expert,” “specialist,” “partner,” “best,” “comprehensive” and “guaranteed.”
• Remove absolute promises such as “24/7 service,” “all insurance needs” or “fully covered.”
• Verify that services described on the website are being performed.
• Review coverage descriptions for accuracy.
• Confirm licensing disclosures are current.
• Ensure disclaimers remain appropriate.
• Review all blogs, testimonials, videos and social media links.

A helpful rule of thumb is to ask a simple question: Would you be comfortable seeing this statement enlarged on a poster board in front of a jury? If the answer is no, the wording should be reconsidered.

Agencies do not need to abandon marketing. They simply need to focus on factual, supportable statements. Instead of claiming to be “experts,” describe years of combined experience. Instead of promising the “best coverage,” explain that you work with multiple carriers to help clients find solutions that meet their insurance needs and budget. Instead of guaranteeing ongoing reviews, invite customers to meet periodically to discuss changes in their exposures.

Effective marketing and sound E&O practices are not mutually exclusive. The agencies that successfully balance both understand that credibility matters more than hype.

Annette “Nettie” Ardler is a senior underwriter and risk management expert of Swiss Re Corporate Solutions, underwriting insurance agents’ E&O coverage.

This document may contain content generated by artificial intelligence (AI). The author has reviewed AI-generated content for accuracy and revised it where necessary.

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 should 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. Copyright 2026 Swiss Re.