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Will Your Notary E&O Insurance Cover You When Doing Remote Online Notarizations?

In Pennsylvania, the governor has ordered a temporary waiver of the personal appearance rule for notaries in certain industries, i.e., court reporters and stenographers, and those notaries involved in personal and commercial real estate transactions.

One question that has come up is concerning Errors and Omissions Insurance. Will an E&O policy cover remote online notarizations during this crisis period?

The answer, according to Tod Aronson, AAI, CIC, CPIA, CISR Elite, and President of E. R. Munro and Company, is yes, with a caveat.

“Notary E&O policies cover notarizations and are silent on how the notarization is performed,” he said. “They do not specify about remote online notarizations or electronic notarizations. The policies sold by the Pennsylvania Association of Notaries (PAN) cover notarial acts if they are performed under current notary law, rules and regulations.”

The Department of State has mandated safeguards for electronic and remote online notarizations and include:

  • The notary becomes an approved electronic notary,
  • Uses an eNotary solution approved by the Department of State,
  • Uses in the notarization that the act was performed by means of communication technology.

For more information on E&O Insurance, visit E. R. Munro and Company’s website at www.ermunro.com.

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