Why Do You Need Notary Errors and Omissions Insurance?

Many notaries are unaware that they have total liability for incorrect or inappropriate notary acts. If a notary makes an error that costs a client something of value, that client could sue, even if the notary had no idea of the wrongdoing. Ignorance of the law is not considered an excuse.

Obviously, if a notary performs a fraudulent and deliberate criminal act, that notary should be prosecuted. But notaries are most often sued because of simple errors, lack of instruction and education, and persuasion or intimidation by employers, friends or family. They usually mean well, and they're very persuasive - and the notary is usually just trying to help. But who gets called into court? It's a lot to risk.

Paying a little money now may save you a bundle in the future. If you are sued, even when completely innocent of any wrongdoing, you still have to come up with a lawyer and pay court fees to prove your innocence. This is how our legal system works - without hiring a lawyer, what are your chances of winning a case even if you are not at fault?

The American Association of Notaries offers notary errors and omissions (E & O) Insurance at very reasonable rates to help the notary protect against claims of wrongdoing or negligence, and will help pay legal expenses in a court case. This is optional insurance but is strongly recommended for all notaries.

Legal Disclaimer: The American Association of Notaries is committed to providing accurate and up-to-date information. However, it is important to note that the information provided on this page is for general informational purposes only and should not be relied upon as legal advice. We do not claim to be attorneys and do not guarantee the accuracy, completeness, or reliability of the information provided. It is your responsibility to know the appropriate notary laws governing your state. You should always seek the advice of a licensed attorney for any legal matters. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, losses, damages, or expenses, howsoever arising, including, and without limitation, direct or indirect loss, or consequential loss, out of or in connection with the use of the information contained on any of the American Association of Notaries website pages. Notaries are advised to seek the advice of their state’s notary authorities or attorneys if they have legal questions. 

Notary bonds and errors and omissions insurance policies provided by this insurance agency, American Association of Notaries, Inc., are underwritten by Western Surety Company, Universal Surety of America, or Surety Bonding Company of America, which are subsidiaries of CNA Surety.