Additional information

Florida

NOTARY PUBLIC ERRORS AND OMISSIONS POLICY

Policy No.

Premium:

WESTERN SURETY COMPANY will pay on behalf of

(the “Insured”)

of , all sums
(Address)
which the Insured shall become obligated to pay by reason of liability for breach of duty while acting as a duly
commissioned and sworn Notary Public, claim for which is made against the Insured by reason of any negligent act,
error or omission, committed or alleged to have been committed by the Insured, arising out of the performance of
notarial service for others in the Insured’s capacity as a duly commissioned and sworn Notary Public.

POLICY PERIOD: This policy applies only to negligent acts, errors or omissions which occur during the policy
period and then only if claim, suit or other action arising therefrom is commenced during the policy period or within the
applicable Statute of Limitations pertaining to the Insured.

The Policy Period commences at 12:01 a.m. on , , and ends at
midnight on , .

LIMITS OF LIABILITY INCLUDING DEFENSE COSTS: The total liability of the Company for all loss (defined
below) for all claims under this insurance including defense costs (defined below) shall not exceed the amount of

DOLLARS ($ ).
This limit shall apply in the aggregate so that the Company’s total liability for all claims and/or defense costs shall in no
event exceed this amount.

DEFENSE SETTLEMENT: With respect to such insurance as is afforded by this policy, the Company shall,
provided the policy limit has not been exhausted, defend, in the Insured’s name and behalf, any claim or suit against the
Insured alleging such negligent act, error or omission and seeking damages on account thereof, even if such claim or suit
is groundless, false, or fraudulent. The Company, in the Insured’s name and behalf, shall have the right to make such
investigation, negotiation and settlement of any claim or suit as it may deem expedient.

DEFINITIONS: Wherever used in this policy, these words shall have the following meanings:
(a) “Defense costs” shall mean any and all: (1) expenses, including attorneys’ or investigators’ fees, paid or
incurred by the Company in the investigation, settlement or defense of claims or suits; (2) costs taxed against
the Insured in a suit defended by the Company; (3) premiums for bonds required in a suit defended by the
Company, which bonds the Company shall have no obligation to furnish, but only for bonds up to the Company’s
limit of liability; (4) interest on a judgment as required by law until the Company offers the amount due under
this insurance; and (5) reasonable expenses incurred by the Insured at the Company’s request, other than loss
of earnings.
(b) Subject to all of the Exclusions of this policy (stated below), “loss” shall mean the total of: (1) sums the Insured
legally must pay as direct compensatory damages because of claims covered by this insurance; (2) sums the
Company agrees to pay in settlement of such claims, whether or not the Insured’s legal liability has been
determined; and (3) “defense costs” as defined above.

THIS POLICY NOT VALID IF PREMIUM NOT PAID
Form F6765-10-2006 WITHIN 30 DAYS OF EFFECTIVE DATE HEREOF.
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EXCLUSIONS: Coverage under this policy does not apply to any (i) dishonest, fraudulent, criminal, libelous,
slanderous or malicious act or omission of the Insured; (ii) willful or intentional disregard of the law; (iii) bodily injury
to, or sickness, disease or death of any person, including but not limited to, emotional or mental distress and related
conditions; (iv) injury to or destruction of any tangible property, including the loss of use thereof; (v) fines or penalties
imposed by law on the Insured; (vi) punitive, treble, exemplary or similarly categorized damages, including fines and
penalties; or (vii) performance of notarial service for any business which the Insured owns, is a partner of, manages or
controls.
OTHER INSURANCE: This insurance is excess over any other applicable insurance whether such insurance is
primary, excess, contributory, contingent, or otherwise and whether such insurance is collectible or not, unless such
other insurance is written to be specifically excess over the insurance provided by this policy.
INSURED’S DUTIES IN THE EVENT OF OCCURRENCE, CLAIM OR SUIT:
(a) Upon knowledge of any occurrence which may reasonably be expected to result in a claim or suit, written notice
containing particulars sufficient to identify the Insured and also reasonably obtainable information with
respect to the time, place and circumstances thereof, and the names and addresses of the potential claimant
and of available witnesses, shall be given by or for the Insured to the Company or any of its authorized agents
as soon as practicable, but in no event longer than forty-five (45) days after discovery.
(b) If claim is made or suit is brought against the Insured, the Insured shall immediately forward to the Company
every demand, notice, summons or other process received by it or its representative.
(c) The Insured shall cooperate with the Company and, upon the Company’s request, assist in making settlements,
in the conduct of suits and in enforcing any right of contribution or indemnity against any person or
organization who may be liable to the Insured for acts, errors or omissions with respect to which insurance is
afforded under this policy; and the Insured shall attend hearings and trials and assist in securing and giving
evidence and obtaining the attendance of witnesses. The Insured shall not, except at his own cost, voluntarily
make any payment, admit any liability, assume any obligation or incur any expense except with the prior
written consent of the Company.

SUBROGATION: In the event of any payment for any loss under this insurance, the Company shall be subrogated
to all of the Insured’s rights of recovery thereafter against any person or organization and the Insured shall execute and
deliver instruments and papers and do whatever else is necessary to secure such rights to the Company. The Insured
shall do nothing after loss to prejudice such rights.
ASSIGNMENT: This policy shall be void if assigned or transferred without the Company’s written consent.
ACTION AGAINST COMPANY: No action shall lie against the Company unless, as a condition precedent
thereto, there shall have been full compliance with all of the terms of this policy, nor until the amount of the Insured’s
obligation to pay shall have been finally determined either by judgment after actual trial or by written agreement of the
Insured, the claimant, and the Company.
Any person or organization or the legal representative thereof, who is signatory to such judgment or written
agreement, shall thereafter be able to recover under this policy to the extent of the insurance afforded by this policy. No
person or organization shall have any right under this policy to join the Company as a party to any action against the
Insured to determine the Insured’s liability, nor shall the Company be impleaded by the Insured or the Insured’s legal
representative.
CANCELLATION: This policy may be cancelled by the Insured by surrender hereof to the Company or any of its
authorized agents or by mailing to the Company written notice stating when such cancellation shall be effective. During
the first ninety (90) days that this policy is in force, the Company may cancel it for any reason upon twenty (20) days’
written notice to the Insured, and the Company may cancel this policy upon ten (10) days’ written notice at any time for
nonpayment of premium. After this policy has been in effect for ninety (90) days, it may be cancelled by the Company
upon at least forty-five (45) days’ written notice to the Insured if cancellation is for (1) a material misstatement, (2)
nonpayment of premium, (3) failure to comply with underwriting requirements established by the Company within
ninety (90) days of the date of effectuation of coverage, (4) a substantial change in the risk covered by the policy, or (5)
when the cancellation is for all insureds under such policies for a given class of insureds. A pro rata return premium
shall be allowed on cancellation, but payment of unearned premium is not a condition of cancellation. If the policy is not
to be renewed, the Company shall give the Insured at least forty-five (45) days’ written notice stating the reason or
reasons for nonrenewal.
TELEPHONE NUMBER: To present inquiries or obtain information about coverage and to provide assistance in
resolving complaints, the Company’s telephone number is (605) 336-0850.
Dated, signed and sealed this day of , .
Address claims to:
Western Surety Company W E S T E R N S U R E T Y C O M P A N Y
P.O. Box 5077
Sioux Falls, SD 57117-5077 By
605-336-0850 Paul T. Bruflat, Senior Vice President
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Florida

NOTARY PUBLIC ERRORS AND OMISSIONS POLICY

POLICY CHANGE DISCLOSURE

Thank you for purchasing your Notary Public Errors and Omissions Policy from Western Surety
Company. We are pleased to enclose your policy for the current policy term.
Please read your policy carefully. The attached policy contains a defense costs within
limits provision which means that the Company’s payment of defense costs will reduce
your amount of coverage remaining and may exhaust it completely. Should that occur,
you will be liable for any further legal defense costs and damages. We have changed the
policy by expanding the EXCLUSIONS and CANCELLATION sections, removing the
Countersignature line, and adding an ASSIGNMENT section.

If you have any questions, contact your agent or call 1-800-331-6053 to speak with a Company
representative.

P.O. Box 5077
Sioux Falls, SD 57117-5077
Phone: 1-800-331-6053
FAX: 1-605-335-0357

Western Surety Company is a subsidiary of CNA Surety.
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