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E&O Risks With Providing Educational Guidance on Online Intake Forms

Life Insurance & Annuities Oct 23, 2026 AnneMarie McPherson

Where is the line between helping applicants understand a question and improperly influencing or coaching their responses? The post E&O Risks With Providing Educational Guidance on Online Intake Forms...

E&O Risks With Providing Educational Guidance on Online Intake Forms

E&O Risks With Providing Educational Guidance on Online Intake Forms

As part of an online insurance intake form, an agency would like to include brief educational guidance next to certain underwriting questions to help applicants provide more accurate information. The purpose is not to influence their answers, but to explain what the question is asking or how insurers generally view the information being requested.

For example, if a startup business is asked to estimate annual revenue, the agency could explain that insurers want the applicant’s best good-faith estimate of expected gross revenue during the policy period, since a new business may not yet have historical financial information.

Q: From an errors & omissions standpoint, is it appropriate to provide this type of educational context? Where is the line between helping applicants understand a question and improperly influencing or coaching their responses? Are there best practices or recommended disclaimers that agencies should use when providing educational guidance within online intake forms?

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Response 1: I think it can be very helpful to explain why certain information is important and to help insureds understand exactly what is needed. Although I have never seen specific suggestions from E&O insurers on this topic, good judgment should be used to avoid influencing an insured’s responses. Your explanation of the reason for gross revenue is clear and doesn’t steer the insured toward a particular response. 

For an example of what would be problematic, let’s say a contractor online intake form asks: “Do you do exterior work over three stories?” If your educational guidance went along these lines, it would be an issue: “Many insurers are reluctant to provide coverage for contractors doing this type of work.”

This type of explanation might lead many to answer “no,” even if they do such work.  

I think including a fraud statement based on industry-standard applications is helpful on these intake forms. You may want to check if your E&O insurer has any language it recommends using as a disclaimer; I have not seen any.   

Response 2: I understand your desire to communicate to a potential insured the nature of the response that underwriters are seeking. For the ambiguous questions, I recommend asking your underwriters for the instructions they would like communicated to potential insureds. If they are unwilling to respond, I recommend you not step in with recommendations to potential insureds.

ACORD has gone to great lengths to make the applications as user-friendly as possible. If you use intake forms online, follow up with a call or visit to get more detail to support placement and pricing. Walk through the application with the prospect to get to know the risk and its characteristics as well as possible.

This question was originally submitted by an agent through the Big “I” Virtual University’s (VU) Ask an Expert service, with responses curated from multiple VU faculty members. Answers to other coverage questions are available on the VU website. If you need help accessing the website, request login information.

This article is intended for general informational purposes only, and any opinions expressed are solely those of the author(s). The article is provided “as is” with no warranties or representations of any kind, and any liability is disclaimed that is in any way connected to reliance on or use of the information contained therein. The article is not intended to constitute and should not be considered legal or other professional advice, nor shall it serve as a substitute for obtaining such advice. If specific expert advice is required or desired, the services of an appropriate, competent professional, such as an attorney or accountant, should be sought.

The post E&O Risks With Providing Educational Guidance on Online Intake Forms appeared first on IA Magazine.

Source: AnneMarie McPherson · www.iamagazine.com

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