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What Insurance Does My Brokerage Require?

By Richard Sweet. Reviewed by Richard Sweet. Updated June 21, 2026.

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Joining a brokerage does not automatically mean you are fully insured, and assuming it does is one of the most common and costly mistakes agents make. Two separate questions matter: what the brokerage requires you to carry, and what the brokerage’s own policy actually does for you. They are not the same, and the gap between them is where agents get caught.

What brokerages usually require

Many brokerages require affiliated agents to carry their own E&O as a condition of affiliation, and some states require licensees to carry it regardless. If you are joining or changing firms, expect to show proof of coverage at a stated limit. That requirement exists precisely because the brokerage’s policy is not meant to be your only protection.

What the brokerage policy does, and doesn’t, do

The brokerage’s E&O is written to protect the brokerage. For an individual agent, coverage of your activity varies by policy: brokerage-sanctioned transactions are typically covered, while outside business, referral arrangements, prior acts, and certain disputes may fall outside it. The label brokerage coverage hides a lot of variation, which is why the scope, not the existence, of the policy is what matters.

What to confirm

Get specifics on four points: whether the brokerage requires your own E&O and at what limit, what its policy covers for your individual activity, how prior acts are treated if you leave, and whether your outside activities are in or out of scope. Assurances are not answers; the policy language and the affiliation agreement are.

Why your own policy still matters

When you leave a brokerage, its claims-made policy generally will not cover your past work. Carrying your own E&O with continuous prior acts protects your history independent of any single firm, which is the whole point of insuring yourself rather than renting coverage. A coverage review reconciles what the brokerage provides with what you actually need.

What many people don't realize

The part that catches owners off guard

  • Brokerages often require agents to carry their own E&O.
  • The brokerage's policy is written to protect the brokerage.
  • What it covers for an individual agent varies widely.
  • Confirm the specifics rather than assuming you are covered.
The Vantage Point

What we see most often

Agents tend to treat the brokerage relationship as a blanket that covers them. Sometimes it does, often it does not, and the only way to know is to read what the brokerage requires of you and what its policy actually does for you.

What we see most often is an agent who assumed the brokerage E&O covered everything, discovering after a claim that their outside activity or prior acts were never in scope.

A real example

An agent ran a side referral business under their own brand, confident the brokerage policy had them covered. A dispute arose from that outside activity, and the brokerage policy declined, it covered brokerage-sanctioned work, not the agent's separate venture.

A short conversation about scope, before the claim, would have shown the gap and closed it.

Details changed to protect privacy. Shared to illustrate, not to promise an outcome.

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When to review

It may be time for a coverage review if:

  • You are joining or changing brokerages
  • You do any business outside the brokerage
  • You have never seen the brokerage's actual policy terms
  • You assume the brokerage E&O covers your prior acts
  • Your brokerage requires proof of your own coverage
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Frequently asked

Frequently asked

Does my brokerage require me to have my own insurance?
Many do. Brokerages frequently require affiliated agents to carry their own E&O as a condition of affiliation, and some states require licensees to carry it regardless. Even where it is not required, most agents carry their own because the brokerage policy may not fully cover their activity.
Doesn't the brokerage's policy cover me?
It is written to protect the brokerage, and what it does for an individual agent varies by policy and activity. Brokerage-sanctioned work is usually covered; outside business, referral arrangements, prior acts, and certain disputes may not be. The scope is the thing to confirm.
What should I actually verify?
Whether the brokerage requires your own E&O and at what limit, what the brokerage policy covers for your individual activity, how prior acts are handled if you leave, and whether your outside activities are in or out of scope. Get those answers in specifics, not assurances.
What happens to coverage if I leave the brokerage?
That is a key question. A brokerage's claims-made policy generally will not cover you for past work once you depart, which is why carrying your own policy with continuous prior acts protects your history independent of any one brokerage.
RS
Written and reviewed by

Richard Sweet

Founder and Principal Advisor, Vantage Point Risk

Richard Sweet runs Vantage Point Risk, an independent insurance and risk advisory for property owners, real estate investors, business owners, and families. He works with investors every week on the coverage decisions that decide how a claim actually turns out, and writes the Learning Center to put those decisions in plain language.

Reviewed for accuracy by Richard Sweet. Last updated June 21, 2026.

This article is general information, not insurance advice. For guidance tailored to your firm, talk with a licensed advisor.

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