Remote Online Notarization:
Check Your Professional Liability Policy
and Errors and Omissions Policy
Certain states are authorizing or temporarily authorizing remote notarizations. CATIC has been alerting you as we are informed of developments on this matter.
It is important, though, to keep in mind that your professional liability policy or errors and omissions policies could contain specific exclusions for claims based upon acknowledgments taken outside the physical presence of the signatory.
Be sure to check your policies to determine if they contain any exclusion of coverage in this area and, if so, take proper measures to protect yourself or find an alternative, compliant way to close your transactions. If unsure about your coverage, contact your broker.
For those who have their lawyer’s professional liability policy issued through the CATIC LPL Program with Hanover, your policy includes notary services as part of its definition of “professional services.” The policy requires that the signor be present for coverage to apply.
Hanover has advised that for purposes of notary services that compliance with a state’s remote notarization requirements constitutes the signor being present.
So long as you comply with your state’s authorized remote notarization process, you will not lose coverage for engaging in remote notarial services.
If you have questions on Hanover’s policy, or your policy with another carrier, please do not hesitate to contact Colleen Capossela at CATICPro, Inc. (
ccapossela@caticpro.com
or call 860-513-3131) or Scott Garcia at Smith Brothers (
sgarcia@smithbrothersusa.com
or call at 860-430-3330).
We will continue to monitor developments and disseminate information as it becomes available. If you have questions on this article, please contact Colleen Capossela, President of CATICPro, Inc.
