E&O or other claims may be made, and again, state laws
may differ on the admissibility and/or weight of recorded
calls as evidence, so it would seem prudent to maintain
appropriate records in the ordinary course of business
distinct from whatever practices are adopted relative to
recording calls. I hope my comments are helpful but let
me know if you need any clarifications.
Faculty Response:
I’m not aware of agents recording conversations at this
point, but I will check further into it. If an agency adopts
this practice with all the precautions that have been
mentioned, will all the conversations involving principals
and producers on cell phones in the field also be recorded?
If not, the agency would not have a consistent approach
which is such an important principle for agency E&O risk
management.
In addition, even if the agency records telephone
conversations, it will be important for the agency to
continue to document the phone conversation in the
agency management system so there is a consistent formal
record of all client conversations and this also applies to
agency principal and producer cell phone calls in the field.
(It will also enable the agency to pinpoint the phone call if
saved.)
Text messages and emails also need to be documented in
the agency management system just as phone conversations
are so all client communications are together. I believe
agents are starting to convert text messages into email and
attaching them to their agency management systems as
they are attaching emails.
Available to KAIA agency members, the Virtual University is an online
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articles, sample ISO forms, white papers, monthly webcasts and other
information on issues affecting today’s insurance marketplace. The
following is from the popular “Ask an Expert” service where members
can submit a questions now already answered in the Research Library
and get responses from the volunteer faculty experts.
Copyright @2016 Independent Insurance Agents & Brokers of
America, Inc. All rights reserved. Reprinted with permission.
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KANSAS INSURANCE AGENT & BROKER | July - August 2017 |