E & O Claim? Eddie Monnier asked 1 month ago
E & O Claim?

An under-sink drinking water filtration system in our condo failed catastrophically in the early morning hours of July 11, 2026. At approximately 4:00 a.m., I awoke to the sound of rushing water and discovered approximately one inch of standing water covering the entire first floor of our unit (approximately 750 square feet). I shut off the water supply and immediately contacted my insurer, which dispatched ServPro for emergency water mitigation. A neighboring unit was also damaged and will be addressed under my policy’s liability coverage (Coverage D, $300,000 limit).

The insurer confirmed coverage but informed me that my applicable limit is only $19,400, subject to a $2,000 deductible. I was not previously aware that this limit was so low, particularly because the other limits under the policy appear reasonable. According to the policy declarations, the $19,400 limit is calculated as 10% of my Unscheduled Personal Property limit (Coverage C, $97,000), plus an “HO-31 Additional Limit” endorsement—a formula that appears unrelated to the actual value or replacement cost of my unit’s interior improvements and fixtures.

Whenever I seek an insurance quote, I provide a copy of my existing policy and instruct the broker to match the existing limits so I can make a like-for-like comparison. I then ask whether I should consider changing any of those limits. My two prior policies provided approximately $113,000 in “Dwelling Coverage” (Coverage A). I am confident that when I requested the quote for my current policy, I similarly instructed the broker to match my existing coverage limits, which apparently did not occur.

A $19,400 limit for the interior improvements and fixtures of a condominium with a market value exceeding $1 million appears significantly inadequate. I am also concerned that the policy derives this limit from the personal property limit, as the two categories insure fundamentally different property.

In addition, my prior policies referred to the “walls-in” coverage as “Dwelling Coverage,” which was readily understandable. My current insurer instead refers to this coverage as “Building Property Damage.” To me, that terminology suggests coverage for the building rather than the fixtures, finishes, and improvements within my individual unit. I informally asked several people how they would interpret that terminology, and none understood “Building Property Damage” to mean coverage for the interior fixtures and improvements of the unit.

The remediation, necessary demolition, and repairs are expected to exceed $100,000, potentially leaving me with a substantial uninsured loss.

Given that I specifically requested coverage comparable to my prior policies, which provided approximately $113,000 in dwelling coverage, is there a potential errors and omissions (E&O) claim against the broker or agent for failing to procure the requested coverage? What documentation should I gather to establish what coverage I requested and whether the broker had a duty to advise me of the significant reduction in coverage?

1 Answers
Shirley Brown Shirley Brown Expert answered 1 month ago

Hi Eddie,

I cannot recommend, suggest, or encourage an individual regarding a possible E&O claim. What I do see is the client asked for a quote to match their prior coverage, asked for suggestions about changes to those coverages, and received their policy.

What most of us do is quote and recommend what the client needs based on multiple conversations with a starting point of the location and dwelling limit. Not take an order for coverage. We offer all available increased limits and go over those limits or limitations with the client allowing them to decline or reduce.

Unfortunately, what may have happened is the client and the agent missed an opportunity to have an extensive review of the internal limits and limitations. This happens when the client is shopping coverage based on premium, or if their carrier has non-renewed due to location or other factors. There may be limited markets and availability of increased internal limits and coverages available based on their location, other factors or by the carriers.

With more clients being forced to change carriers due to the availability of markets or pricing it is more important than ever to review everything with prospective clients and clients do line-item reviews of quotes. It is no longer simple to quote and issue in a couple of days.

Warmly, Shirley