Errors and omissions (E&O) insurance is the product that actually protects you, the notary. Where a bond guarantees the public against your mistakes, E&O insurance is designed to help cover your own defense and liability. But like any insurance policy, what it covers is defined by the policy’s terms, limits, and exclusions. Here is a general overview.
What E&O insurance is for
Notary E&O insurance is a two-party policy between you and an insurer. Its purpose is to help protect the notary against claims arising from unintentional errors or omissions made in the course of notarial duties. If you are accused of making an honest mistake that caused someone a loss, an E&O policy is the tool designed to respond—within its coverage limits and subject to its conditions.
This is the opposite orientation of a notary bond. A bond protects the public and can leave you owing the surety after a claim. E&O insurance is built to protect the notary. To see the distinction laid out fully, read Notary bond vs. E&O insurance.
What E&O insurance commonly addresses
While every policy is different, notary E&O insurance is generally designed to help with things such as:
- Legal defense costs if you are named in a claim alleging a notarial error, subject to the policy.
- Covered liability you may owe as a result of an unintentional mistake, up to the policy’s limit.
- Honest mistakes such as an oversight in completing a notarial certificate, within the scope of what the policy covers.
Because these are typical categories rather than guarantees, the only authoritative source for what your policy covers is the policy document itself.
What E&O insurance typically does not cover
Insurance policies contain exclusions, and E&O policies are no exception. Coverage generally does not extend to:
- Intentional wrongdoing or fraud. E&O is for unintentional errors, not deliberate misconduct.
- Acts outside your notarial authority. If you act beyond what your commission permits, those acts may fall outside coverage.
- Losses above your policy limit. Once you exhaust the limit, additional amounts are your responsibility.
Always review the exclusions and conditions in your specific policy, and ask questions before you buy if anything is unclear.
E&O insurance and your bond work together
Because E&O insurance protects the notary and a bond protects the public, the two are complementary. A bond may be required by your state; E&O insurance is usually optional but is the product that shields your own finances. Many notaries carry both, and in many states you can buy them together as a combined package.
To understand the bond side of the equation, see What is a notary bond? and What does a notary bond protect?. To explore combined options, visit the bond-and-E&O hub.
How much coverage should you consider?
Coverage limits vary, and there is no single “right” amount. The appropriate limit depends on factors such as how many notarizations you perform, the value and sensitivity of the documents you handle, and how much personal risk you are comfortable retaining. Because the available limits and options differ by jurisdiction, the clearest way to compare is on your state page.
Start at the state-by-state hub, or review the general E&O insurance hub first. You can also look at specific states such as Texas or California to see what is available where you serve.
Reading your policy matters
E&O insurance can be genuinely valuable, but only if you understand what you are buying. Before purchasing, confirm:
- The coverage limit and whether it fits your risk.
- The exclusions, so you know what is not covered.
- The term and how renewal works.
- Any conditions you must meet for a claim to be honored.
Bottom line
E&O insurance is the piece of the puzzle designed to protect the notary from claims of unintentional error, subject to the policy’s terms. It does not replace a bond, and a bond does not replace it. Together, they cover both the public and you.
When you are ready to compare real options, head to the state-by-state hub and select your jurisdiction.
Frequently asked questions
- Does E&O insurance cover intentional wrongdoing?
- No. E&O policies are designed to address unintentional errors and omissions. Fraud and intentional misconduct are typically excluded. Always read your specific policy's terms.
- Does E&O insurance replace a notary bond?
- No. A bond protects the public and may be required by your state; E&O insurance protects the notary. They serve different purposes, and many notaries carry both.
- How much E&O coverage do I need?
- Coverage limits vary, and the right amount depends on your volume, the value of documents you handle, and your risk tolerance. Compare available options on your state page.