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Important facts about Notary E&O insurance

A hand holds a wooden shield in front of a glass building.

Updated 9-23-24. A Notary authenticates identities to protect consumers from fraud. But if one of your notarizations is challenged, who protects you? If you do not have a Notary Errors and Omissions (E&O) insurance policy, you’re on your own.

While most Notaries will never have a claim made against them, it's important to know what to do if it happens to you.

You may purchase E&O insurance when you become a Notary or when you renew. To help you understand how E&O insurance works, here are some answers to frequently asked questions:

Is E&O insurance the same as my Notary bond?

No. The surety bond most states require Notaries to buy is designed to protect consumers, not the Notary. If someone files a claim against you, and a loss is paid out of your bond, your bond company will come after you to repay the amount of the loss and any legal costs. If you had a full loss on a $15,000 bond, for example, your total tab could run $20,000 or more.

E&O insurance is designed to protect you from unintentional mistakes or oversights that cause financial harm to a client or the public. If a claim is filed, the policy will cover the loss and your legal defense as specified by your policy.

Does every Notary need E&O insurance?

It depends. Talk to your employer to find out if their insurance policy covers you when performing notarizations. It usually only covers you for notarizations performed as part of your work duties and you still may benefit from an E&O policy if you notarize outside of work.

If you are a Notary Signing Agent or otherwise self-employed, an E&O policy is advisable because it’s your only financial protection against claims.

What does E&O cover?

Typically, E&O insurance covers the amount of the claim against you and, in most states, attorney fees and court costs up to the limit of the policy. (In some states, E&O policies have separate limits for legal expenses.) E&O protects you from unintentional mistakes and human error.

However, unlike a bond, an E&O policy doesn’t cover acts of fraud and deliberate acts. Failing to spot an imposter with a fake ID, for example, is an unintentional mistake and would be covered. Conspiring with the imposter to defraud someone, on the other hand, would not be covered.

Also, for self-employed Notaries, it’s important to remember that a Notary E&O policy only covers you for your notarial acts. It does not cover you for other liability claims or breaches of privacy that are not duties of a Notary in your state.  

How much E&O coverage do I need?

This varies based on your needs. The standard recommended by the Signing Professionals Workgroup is $25,000. Some companies, however, want Signing Agents they hire to carry more coverage.

For non-NSA Notaries, an E&O policy should be sufficient to cover the amount of your bond, if required, plus coverage for additional expenses. Also, consider how much you might need to protect your assets should they be affected in a lawsuit on account of a negligent notarization you perform.

Are you covered when you stop being a Notary?

It depends on the type of policy you have. If you or your employer has what’s called an “occurrence-based policy,” you’re covered for notarizations performed when the policy was in effect (even if you have left the job or stopped being a Notary).

If you are covered by what’s known as a “claims-made policy,” you are only protected if the claim is filed while the policy is in effect. Once you stop paying policy premiums or premiums for “tail coverage” to extend the time to report claims, if applicable, you’re no longer covered.

How much does a policy cost?

Premiums vary by state as well as the amount and term of the policy. You can get a quote from any insurance agent or broker licensed to sell property and casualty insurance.

There is a potential benefit to buying E&O from the same company that provides your bond. If you do that, the company will generally pay any claims and expenses out of your E&O policy before your bond. Also, some states require any claim paid from your bond to be reported to the Notary commissioning official’s office, and your commission can be suspended until your bond is reimbursed.

How E&O Insurance Helps You


The decision to buy E&O insurance is personal and depends on your circumstances, yet an affordable policy can protect you from:

  • Financial damages due to an error or omission filed against your NNA bond
  • Financial damages as a result of unintentionally violating the law while notarizing
  • Defense costs from being named in a lawsuit even if you did nothing wrong
  • Damages, when unbeknownst to you, your seal and forged signature appear on a document conveying title to real property – and a lender or property owner suffers a loss.

Please carefully review the terms of your E&O insurance policy document. All claims will be handled and settled in accordance with the policy terms and conditions.

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54 Comments

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Jack avery

28 May 2015

How do I obtain a copy of my e and o insurance policy

National Notary Association

28 May 2015

Hi Jack. Please contact our Customer Care team at 1-800-876-6827 or Services@nationalnotary.org and they should be able to assist you.

Teresa ten Broek

27 Apr 2017

E & O Insurance: Does a E&O blanket policy (for 2 notaries in our office) stating the company as the insured, cover the 2 notaries if they notarize something outside the office? Or does the E & O blanket policy need to list the notaries names as the insured? Thank you. Terea

National Notary Association

05 May 2017

Hello. Just to confirm, are you writing us from California? Our group E&O policy form for California would cover the employer and 2 Notaries for errors and omissions committed or alleged to have been committed while performing notarial services for the employer, provided the Notaries are employees, not independent contractors.

Lance

21 Aug 2017

Where can I get a policy at ? I am self employed

National Notary Association

22 Aug 2017

Hello. E&O policies are available through the NNA at www.nationalnotary.org/insurance or by calling our Customer Care team at 1-800-876-6827.

Brenda

21 Apr 2018

Was was just served. I'm being sued. I did the notary in 2013. I am no longer a notary or work for the bank where I did the notary. How do I find out if I'm covered? What steps should I take? I only have 30 days to respond.

National Notary Association

23 Apr 2018

Hello. If you have questions regarding errors and omissions insurance policy coverage, you should contact your insurance provider. If you purchased an E&O policy through the NNA, please contact our Customer Care team at 1-800-876-6827 or Services@NationalNotary.org for assistance.

Liv Smith

12 Mar 2019

I didn't know that E&O insurances and notary bonds were different by the notary covering you and not the notary. I've been thinking about getting my brother a notary bond since he always gets in trouble and I think it'd be better to pay for one of those in case he goes to jail again and needs a lawyer. Thank you for explaining how they work, I'll make sure I remember.

Stephen

16 Apr 2020

Is it possible to have only a single blanket E&O insurance coverage for Notary, Process Server, and Immigration Consultant?

National Notary Association

20 Apr 2020

Hello. That would depend on the policies offered by the insurance provider. For information on policies available from the NNA, please see here: www.nationalnotary.org/insurance.

Cheryl Kaster

22 Jun 2020

I've heard that, as with other professional liability insurances, the insurer WILL NOT cover the professional IF THEY HAVE BROKEN THE LAW in the performance of the service. Shouldn't the NNA let us know that if it is a possibility?

Haya

24 Sep 2020

In California, If you have a $25,000 E&O insurance as a notary and then become a loan signing agent, does the same E&O apply or do you need a separate policy ? Thanks

National Notary Association

05 Oct 2020

It is only one E&O policy but the E&O policy only covers the notary acts done in connection with the loan signing… you should investigate about general insurance for your business with a licensed insurance agent.

George Rutherford

14 Oct 2020

I want to become a mortgage signing agent. What training do I need,and where do I get it?

National Notary Association

16 Oct 2020

Hello. Please see here for more information: https://www.nationalnotary.org/notary-bulletin/blog/2019/01/difference-mobile-notary-signing-agent

Teresa

27 Oct 2020

Hi. Does your E&O Insurance cover Notary Signing Agents or just a Notary Public?

National Notary Association

29 Oct 2020

Hello. Please see the section "What does E&O cover?" above. Also, please watch for an upcoming in-depth feature on E&O coverage scheduled to be published in the Notary Bulletin in November 2020.

Mandy Ng

12 Dec 2020

I am commissioned in both New York and New Jersey. Does the E&O insurance covers both State where I will be working or I need to buy separate policy?

National Notary Association

14 Dec 2020

Hello. You would need to contact your insurance broker to ask if your policy covers your commissions in both states or not.

Bridgett E. Johnson

01 Jan 2021

Can a general notary get insurance?

National Notary Association

05 Jan 2021

Hello. Yes, an E&O policy provides coverage against potential liability in the event of an unintentional error on a notarization. For more information, please see here: www.nationalnotary.org/insurance.

Bridgett E. Johnson

01 Jan 2021

If you don't work for a company, how does a notary obtain E&O insurance?

National Notary Association

05 Jan 2021

Hello. You would need to contact an insurance company or insurance broker that offers Notary E&O policies. Information about policies offered through the NNA is available here: www.nationalnotary.org/insurance.

Denise Carol Miller

13 Feb 2021

I have a process serving company I am the sole propertier and serve my own jobs in michigan. I am thinking of becomming a notary and would like to know how to price out E&O insurance. do you sell it? thank you in advance.

National Notary Association

25 Feb 2021

Hello. Yes, you can find information about available E&O policies through the NNA here: https://www.nationalnotary.org/michigan/insurance

Kiana Willes

17 Feb 2021

I purchased a policy for 25k and it is still valid until next year. If I purchase an additional policy for 75k would I be covered up to 100k combined? I recently earned contract with a title company that requires a 100k E&O Policy.

National Notary Association

05 Mar 2021

Hello Kiana. To help us answer your question, can you please tell us if you purchased your E&O policy through the NNA?

Raymond W Parker

02 Apr 2021

Being asked by insurance agent if I need "valuable paper coverage"?

Willett2471@verizon.net

05 Apr 2021

How long does it take to receive my E&O insurance? I updated the needed information and have not received any other information.

National Notary Association

06 Apr 2021

Hello. Please contact our Customer Care team at services@nationalnotary.org to request assistance.

tobydid@yahoo.com

28 Aug 2021

Would like to know where to download proof of my E&O insurance so I can upload it to my companies

National Notary Association

10 Sep 2021

Hello. Our Customer Care team has just emailed you a link that should give you access to download proof of your policy.

Tina

23 Dec 2021

I completed my CA notary & loan signing courses, was issued a commission number, bought my E&O 100K & 15K bond and seal through the school I went to. My Certificates of Oath for the County Clerks office were rejected because the notary did not complete his part correctly. I started the process over and just received new commission number. I know I need new seal, but do I need to repurchase E&O & bond with new commission number??? I do not see my old commission number on my bond or E&O certificates. Thank you, Tina

National Notary Association

28 Dec 2021

Hello Tina. If you applied for your commission through the NNA, please contact our Customer Care team at services@nationalnotary.org and they should be able to assist you.

Troy Peterson

01 Apr 2022

Do I need a separate E and O insurance policy for every state I notarized in? Currently I notarize in Iowa and Minnesota.

National Notary Association

07 Apr 2022

Hello. E&O insurance is not a requirement for Notaries. Coverage would depend on the policy you choose to purchase.

lisa@carolinanotaryservices.com

14 Jul 2022

Would like to know where to download proof of my E&O insurance so I can upload it to my companies

National Notary Association

01 Aug 2022

Hi Lisa, thank you for reaching out. A copy of your E&O insurance has just been sent to your email address.

Carmen Lane

18 Jul 2022

And there is a huge difference between a notary public E&O policy and a NOTARY SIGNING AGENT E&O POLICY. Which would be great to include in an article about notary insurance. If you are just doing general notary work and no loan signings, you can disregard. But if you plan to do loan signings, read your current E&O policies, folks. If it says notary public at the top, it's a notary public policy. If it says SIGNING AGENT, it's a notary signing agent policy. Contact your insurance provider. Make sure you are covered before you accept any loan assignment.

National Notary Association

18 Jul 2022

Thank you Carmen. If you'd like additional information on this topic, we also discuss this in the following article: https://www.nationalnotary.org/notary-bulletin/blog/2020/11/what-notary-errors-omissions-insurance-will-and-wont-cover

neds

20 Jul 2022

I have certified nna NSA but I could not work as notary I signed up with all platforms and did not get any assignments I dont know what shoul I do maybe I have to increase my E&O.any recommendation?

Wendy S Smith

15 Feb 2023

I am a new notary with a $7500 surety bond and $15k e&o insurance. I just passed my enotary exam in Arkansas. I am supposed to have a $25k e&o insurance. Can I have 2 of them or do I need to update my current one?

National Notary Association

23 Mar 2023

You cannot have two E&O insurance policies at one time, so you would have to increase the amount of coverage on your current policy.

Deanna

03 Aug 2023

If I currently have 1 year E&O insurance, and I decided to change the 1 year to 4 years can I do that ?

National Notary Association

11 Sep 2023

Yes, if you contact our Customer Care team at services@nationalnotary.org, they can assist you. Depending on how much time is left on your policy, they can assist you in determining your options for a new policy.

Lauren

24 Oct 2023

I have an E&O policy through the NNA and purchased it before I started my LLC. Now that i have my LLC do I need to change the info on my policy to be covered correctly?

National Notary Association

25 Oct 2023

Hello. Please contact our Customer Care team at services@nationalnotary.org so one of our representatives can look up the details of your policy and assist you.

Sassanae`

27 Nov 2023

If I had 10,000.00 in E&O insurance can I do an additional 15 through a different company or is there away to increase my current?

National Notary Association

19 Jan 2024

To increase your current E&O coverage, it is best that you contact your current E&O insurance provider as they may be able to upgrade your current policy. If your current provider does not offer a higher coverage , please contact our customer service at 1-800-876-6827 to see your available options.

Jess

05 Dec 2023

Hello, I work for a company that purchases the Bond and E&O insurance package through Valley Sierra for their staff who become notaries that perform them only at work. If we have an employee that leaves our company but wishes to maintain their Notary Commission, would they need to then purchase their own Bond and/or E&O? Thank you!

National Notary Association

16 Feb 2024

Hello. To help us answer your question, can you please tell us what state the Notary is commissioned in?

kim

07 Feb 2024

When I become a notary signing agent which requires 25k insurance, do I need e and o insurance for the initial notary also?

National Notary Association

29 Feb 2024

Hi Kim. Errors and Omissions Insurance safeguards you against mistakes that can happen with a standard Notary, to notarial acts found within the loan signing process. It is not required by law but the NNA highly recommends it.

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