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Which of the following is NOT a common complaint against Errors and Omissions policies?

  1. Failure of the agent to share the commission

  2. Failure to obtain proper coverage

  3. Quoting inflated information

  4. Misrepresenting the plan of coverage

The correct answer is: Failure of the agent to share the commission

Errors and Omissions (E&O) policies are designed to protect professionals and businesses from claims arising out of mistakes or negligence in the services they provide. Common complaints against E&O policies typically involve issues that directly relate to the professional services rendered, such as failing to provide adequate coverage or misrepresenting the details of a service or product. The failure to share a commission does not typically fall under the scope of E&O complaints because E&O policies are primarily concerned with errors in professional conduct rather than disputes about compensation agreements between agents or brokers. Disputes regarding commission-sharing are more likely to be categorized as business or contractual issues, rather than as errors or omissions in the execution of professional responsibilities. In contrast, failing to obtain proper coverage, quoting inflated information, and misrepresenting the plan of coverage all directly pertain to the errors or omissions made during the professional duty of advising clients or providing insurance solutions, which can lead to claims against the agent for professional negligence. These types of complaints arise from the expectation that agents will correctly understand and convey the intricacies involved in providing insurance products to clients.