Errors and Omissions Insurance for Notaries Public

Published January 28, 2023 · Updated May 21, 2026

Notaries public witness signatures, administer oaths, and handle sensitive documents. If you make a mistake during a notarization and someone suffers a financial loss, you can be sued. Errors and omissions insurance (E&O) covers your legal costs and damages. Here is what you need to know.

Understanding Notary E&O Insurance

E&O insurance covers you if a client or third party claims you made an error, omitted a required step, or acted negligently while performing notarial duties. It pays for your legal defense and any resulting judgment or settlement, up to your policy limit.

Common covered claims include notarizing for an improperly identified signer, failing to verify a signer’s willingness, stamping a document outside your commission area, or making an error on a notarial certificate.

E&O Insurance vs. Surety Bond

	Surety Bond	E&O Insurance
Who it protects	The public	The notary
Required?	Required in most states	Voluntary in all states
If a claim is paid	You must repay the surety company	Insurance covers it; you pay only the deductible
Typical amount	$1,000-$25,000 (varies by state)	$25,000-$500,000 (you choose)

A surety bond protects the public. If a notary makes an error and a member of the public suffers a loss, the surety company pays the claim. Then the notary must repay the surety company. E&O insurance protects you. If you are sued, the insurance covers your legal defense and any judgment, and you do not have to repay the insurer. Many notaries carry both.

E&O Insurance Costs

Coverage Amount	Typical Annual Cost
$25,000	$15-$30
$50,000	$25-$50
$100,000	$40-$80
$250,000	$75-$150
$500,000	$150-$300

Costs vary by insurer, coverage amount, deductible, and whether you work as a signing agent. Most signing agents carry $100,000 in coverage, which typically costs $40-$80 per year. Some policies offer zero-deductible options; others require you to pay the first $250 or $500 of a claim.

What E&O Insurance Covers

• Legal defense costs (attorney fees, court costs)
• Settlements and judgments up to your policy limit
• Errors in notarial certificates (wrong date, missing seal, incorrect name)
• Failure to properly identify a signer
• Notarizing outside your commission area or expiration date
• Errors in loan documents for signing agents

E&O Insurance Exclusions

• Intentional fraud or criminal acts
• Dishonest or malicious conduct
• Claims arising from services outside your notary duties
• Personal injury or property damage (covered by general liability insurance, not E&O)

Choosing the Right Coverage Level

Traditional notaries who perform occasional acknowledgments and jurats can usually get by with $25,000-$50,000 in coverage. The risk of a large claim is relatively low.

Mobile notaries who travel to clients and handle a higher volume of notarizations should consider $50,000-$100,000. More transactions mean more exposure.

Signing agents should carry at least $100,000, and ideally $250,000 or more. Loan documents involve large financial transactions. A single error on a mortgage closing can result in a claim well into six figures. Most title companies and signing services require $100,000 as a minimum.

Where to Buy Notary E&O Insurance

• NNA (National Notary Association): offers policies bundled with notary supplies and commission packages. Popular for convenience.
• NotaryRotary: sells standalone E&O policies with multiple coverage levels.
• Budget Notary Insurance: competitive pricing on E&O and bond packages.
• Colonial Surety: direct provider of notary bonds and E&O insurance.
• Your current insurance agent: some independent agents can add a notary E&O endorsement to an existing business liability policy.

Compare at least two or three quotes before buying. Pay attention to the deductible, policy term (some match your commission term, others are annual), and whether the policy covers signing agent work specifically.

E&O Insurance for Signing Agents vs. Traditional Notaries

Signing agents need higher coverage than traditional notaries because they handle mortgage loan documents. A mistake on a closing disclosure or deed of trust can delay a real estate transaction and expose you to a claim from the lender, title company, or borrower. If you plan to work as a signing agent, buy a policy that specifically covers loan signing work. Some general notary E&O policies exclude signing agent activities, so read the fine print.

Frequently Asked Questions

Is E&O insurance required for notaries?

No. E&O insurance is voluntary in all 50 states. However, signing services and title companies typically require $100,000 in coverage before hiring you.

Does E&O insurance cover intentional fraud?

No. E&O insurance covers honest mistakes and negligence, not intentional fraud or criminal acts.

Can I buy E&O insurance that matches my commission term?

Yes. Some insurers offer policies that last 4, 5, or 7 years to match your commission term, so you only buy once per term instead of renewing annually.

What happens if a claim exceeds my coverage limit?

You are personally responsible for any amount above your policy limit. This is why signing agents should carry higher limits.

Is a surety bond enough protection?

A surety bond only protects the public, not you. If a claim is paid on your bond, you must repay the surety company. E&O insurance protects you directly and does not require repayment.

Updated May 2026.