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Who insures it · 2 named markets · read 2026-10-28

Who insures Real estate E&O after claims?

Real estate E&O after claims is a risk most standard carriers decline on sight. The markets below say in their own published appetite or program pages that they write it; each line links to that page with the date it was read.

2 markets publicly write Real estate E&O after claims: Rice Insurance Services Company (RISC), Kinsale Insurance. 1 program administrator, 1 E&S carrier. 1 through surplus lines.

By Sam Alishahi, independent insurance broker

The markets

Who says they write it

From each market's own appetite, product or program page (or a trade article quoting it), read on the date shown. Appetites change: the linked page controls. A market listed here isn't necessarily one this agency is appointed with; a licensed broker reaches most of them directly or through a wholesaler.

MarketWhat they say they writeWherePaperSource
Rice Insurance Services Company (RISC)
Program administrator
Guaranteed-issue basic real estate E&O policies for actively licensed real estate licensees in state-mandated E&O programs, carried by Continental Casualty Company (CNA), plus firm excess and tail coverage; enrollment is not conditioned on a claim-free history.
“so you don't have to worry about qualifying for enrollment if you have had a claim.”
AK, CO, IA, ID, KY, LA, MS, MT, NE, NM, ND, RI, SD, TN, WYnot statedrisceo.com · read 2026-10-28
Kinsale Insurance
E&S carrier
Real estate-specific professional liability for real estate agents and brokers; regularly considers accounts with prior claims and adverse loss history.
“real estate-specific coverage solutions for real estate agents and brokers”
all 50 states, DC, Puerto Rico and the U.S. Virgin IslandsSurplus lineskinsaleins.com · read 2026-10-28

Only RISC publicly states a no-qualification (guaranteed-issue) rule for licensees who have had a claim. CRES, Pearl, Victor (NAR program) and CNA real estate pages describe standard programs with no statement on prior claims; USLI lists E&O for real estate agencies without claims language; Hanover, Hartford and Chubb were not fetched.

How Real estate E&O after claims gets placed

Standard markets first where any will look at it; when they won't, the placement goes through surplus lines, where a licensed surplus lines broker places it with an eligible non-admitted insurer and files the state's surplus lines tax and stamping forms. In California, risks on the Department of Insurance export list can go to surplus lines without the usual diligent search of admitted carriers. Surplus lines policies aren't backed by a state guaranty fund, so the insurer's financial rating matters more.

What an underwriter will want before quoting: a full description of the operation, years in business and the owners' experience, revenue or payroll, loss runs (five years where available, currently valued), the contracts or venue requirements that set the limits, and photos or safety plans where the hazard is physical.

I'm licensed in 49 states and Washington, DC and your request stays with my agency, not passed to another agent. In Florida, where my licenses are still being issued, a partner agency in your state helps in the meantime.

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