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E&O and Binding Arbitration


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Originally posted by Donald Lawson

Can someone answer this question?

Will E&O Insurance Companies issue a policy without having a binding arbitration clause in your pre-inspection agreement?


I've been with FREA for many years and I've never had a binding arbitration clause in my contract.

I dislike binding arbitration.

- Jim Katen, Oregon

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I think they want it, but I'm not so sure they can really require it. I have FREA as well, and I seem to recall that they want it in your contract. I took it out of my contract a few years back at the advice of a Judge and an attorney. It will not hold up in many states.

I have never seen it written in an E&O policy, I have only seen it in publications on what they want in your contract.

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