Notary Public Insurance
Errors & Omissions (E&O) insurance — also called professional liability — for notaries.
What this coverage is intended to address
- ✓Allegations that a notarization contained an error, omission, or unauthorized act — addressed by professional liability insurance, also called Errors & Omissions (E&O) insurance
- ✓Defense costs in the event of a covered claim arising from a notarial act
- ✓Statutory notary bond requirements (separate from E&O — the bond protects the public, E&O protects you)
- ✓Loan signing work, where a single closing package carries far more financial weight than a routine acknowledgment
- ✓Remote online notarization, where identity proofing and credential analysis replace looking at a driver's license across a desk
Coverage products commonly considered
Most notary public operations consider one or more of these coverage types:
Hypothetical claim scenarios
These are hypothetical examples only. Actual coverage depends on the policy form, exclusions, and carrier determination.
- A signer presents identification that later turns out to be fraudulent, and the party relying on the notarization alleges the notary should have caught it. Professional liability is generally intended to respond to the defense of that allegation, subject to the policy form.
- A deed is rejected at recording because the notarial certificate used the wrong wording for the state, and the delay is alleged to have cost the parties a closing.
- A loan signing agent is alleged to have notarized a document outside the signer's presence. Even where the allegation is disputed, the defense cost alone typically exceeds what the signing paid.
Frequently asked questions
What's the difference between a notary bond and notary E&O?
A notary bond is a state-required surety bond that is generally intended to protect the public from financial harm caused by an improper notarization — but the bond requires the notary to repay the surety. Notary Errors & Omissions (E&O) insurance — also known as professional liability insurance — is generally intended to protect the notary against allegations of error, omission, or unauthorized act. Most working notaries carry both.
Is "professional liability" the same as "E&O" for notaries?
For notaries the terms are used interchangeably. Both "notary professional liability" and "notary E&O" generally refer to the same coverage: protection against allegations arising from your notarial duties.
Does every state require a notary bond?
No, and this is the single most common misunderstanding in the trade. Some states require a bond as a condition of commissioning, others require none at all, and the required amount varies widely among those that do. Bond sellers frequently market bonds in states that do not require them. Check your state commissioning authority before buying anything, and see our state surety bond pages for what we have been able to verify.
My employer says I am covered. Do I still need my own policy?
An employer policy is written to protect the employer. If a claim names you personally, or if you notarize anything outside the scope of that job, the employer policy is generally not built to answer for you. Notaries who also do side work, loan signings, or mobile appointments are the ones this catches out most often.
Do loan signing agents need different coverage than general notaries?
Same coverage type, usually different limits. A routine acknowledgment carries modest exposure. A loan signing package moves real money and is scrutinized closely if anything goes wrong, so signing services and title companies often require higher E&O limits than a notary would otherwise buy, and they will ask for the certificate before assigning work.
What about remote online notarization?
RON is authorized in a growing number of states, each with its own registration process, approved technology vendors, and record retention rules. Some states that require no bond for a traditional commission do require one for electronic notaries, so confirm both separately. Disclose RON work when you request coverage, because it is not automatically assumed.
Does keeping a journal help if I get a claim?
Considerably. A contemporaneous journal entry showing what identification you inspected and what the signer acknowledged is frequently the strongest evidence available in a disputed notarization. Some states require one, and several that do not still recommend it. It does not replace coverage, but its absence tends to make a claim harder to defend.
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