Page Summary
- Tennessee requires every notary to file a $10,000 surety bond with the county clerk. Errors and omissions (E&O) insurance is optional.
- The bond compensates the public, and the surety can generally seek repayment from the notary. E&O insurance is the coverage that protects the notary.
- The Tennessee Secretary of State notes that a notary’s liability is not limited to the bond amount, which is why many mobile notaries carry E&O coverage.
- If your insurer asks you to notarize a claim form, affidavit or proof of loss, bring a valid photo ID and do not sign any sworn statement in advance.
- Priority Mobile Notary, which is bonded and insured, can come to you in the Chattanooga area. Call (423) 401-8316 to book.
Notary public insurance usually means errors and omissions (E&O) insurance. It is professional liability coverage that can help a notary if someone claims a notarization caused them a financial loss. Examples include a signer identity that was not properly checked, a certificate completed incorrectly, or a required step that was missed. It is easy to confuse with the notary bond that states require, but the two do very different jobs.
What E&O Insurance Typically Covers
Policies vary, so always read the actual policy language. In general, notary E&O coverage is designed to help with:
- Legal defense costs, often including claims that turn out to be unfounded
- Settlements or judgments for covered claims of negligence or unintentional mistakes, up to the policy limit
- Claims tied to a notarial act, such as an incomplete certificate or an identity-verification error
E&O insurance generally does not cover intentional misconduct or fraud. A notary who knowingly breaks the rules should not expect the policy to protect them.
Surety Bond vs. E&O Insurance at a Glance
People often use “bond” and “insurance” as if they mean the same thing, but they protect different people. Here is how the two compare in Tennessee:
| Notary surety bond | E&O insurance | |
|---|---|---|
| Required in Tennessee? | Yes. It is $10,000, payable to the State of Tennessee | No. It is optional coverage |
| Who it protects | Members of the public harmed by a notary’s misconduct | The notary, by covering defense costs and covered claims |
| Where it is filed | With the county clerk in the county where the notary was elected | Not filed. It is a private policy |
| If a claim is paid | The surety can generally seek repayment from the notary | Paid under the policy terms, subject to its limits |
What Tennessee Law Actually Requires
Under Tenn. Code Ann. § 8-16-104, every Tennessee notary must file a $10,000 surety bond. It has to come from a surety company authorized to do business in the state, and the notary presents it to the county clerk, who reviews it and keeps it on file. The Tennessee Secretary of State also points out that a notary’s liability is not capped at the bond amount. That is the main reason professional liability (E&O) insurance exists, even though the state does not require it.
Requirements vary by state. Texas, for example, also requires a $10,000 bond, and some states set different amounts or require no bond. If you are commissioned outside Tennessee, check your own Secretary of State’s rules before you buy coverage.
Choosing a policy if you are becoming a notary
- Match the limit to your work. Loan signings and real estate documents carry more financial risk than a simple signature witnessing.
- Read the claims terms. Find out whether the policy covers claims made during the policy period or acts performed during it.
- Keep good records. A careful record of each notarization is often your best defense if a signing is ever questioned.
Need Insurance Documents Notarized?
Many people land on this topic because an insurer has asked them to sign a form in front of a notary. Common examples include a sworn statement or proof of loss, an affidavit supporting a claim, and beneficiary or ownership change forms. The notary’s role is the same for all of them: confirm your identity, make sure you are signing willingly and complete the correct certificate. Our guide to documents that commonly need a notary covers other paperwork you may be asked to notarize.
A few tips before your appointment:
- Bring a current, government-issued photo ID.
- Do not sign ahead of time if the form includes a sworn statement (jurat). You will usually need to sign in front of the notary.
- Fill in every blank first. A notary should not notarize a document with blank spaces.
If you are in Chattanooga, Hixson or elsewhere in the Hamilton County area, Priority Mobile Notary can come to your home, office, hospital room or assisted living facility to notarize claim paperwork. Karen is bonded and insured through the National Notary Association.
Why Mobile Notaries and Signing Agents Often Carry It
Mobile notaries work in many different settings, such as kitchen tables, hospital rooms and offices, and often handle high-value paperwork. A loan signing package can include dozens of pages that must be signed, initialed and notarized correctly, and a single missed certificate can delay a closing. Our overview of what a mobile notary does at a loan closing shows how much detail is involved. That is why many title companies and signing services ask signing agents to carry E&O coverage, even though Tennessee does not require it.
If you are researching how to become a mobile notary in Tennessee, insurance comes after the commission itself. Start with the county-based process in our Tennessee notary application guide, then choose your bond and any optional E&O coverage.
About Priority Mobile Notary Services
Priority Mobile Notary Services, LLC is owned and operated by Karen McCormick, a Tennessee notary public and legal document assistant. She is bonded and insured through the National Notary Association. Karen travels to clients around Chattanooga and Hixson for acknowledgments, jurats, affidavits, powers of attorney, deeds, loan signings and more. As a notary, she can witness and notarize your documents, but she cannot give legal advice.
Frequently Asked Questions
Is errors and omissions insurance required for Tennessee notaries?
No statewide E&O requirement is listed for traditional Tennessee notaries. What the law does require is a $10,000 surety bond filed with your county clerk. E&O coverage is optional, though many mobile notaries and loan signing agents choose to carry it.
Does the notary bond protect the notary?
Generally, no. A surety bond is there to compensate the public. If the surety company pays a claim, it can usually ask the notary to pay it back. E&O insurance is the coverage that protects the notary.
Can a notary help with my insurance paperwork?
A notary can verify your identity, witness your signature and complete the notarial certificate on forms your insurer asks you to notarize. A notary cannot tell you what to write on a claim or explain your policy. Questions like that should go to your insurer, agent or attorney.
Have an insurance form that needs a notary? Call Karen at (423) 401-8316 or request an appointment online.
Priority Mobile Notary Services
Karen McCormick is a Tennessee Notary Public, bonded and insured through the National Notary Association, serving Hixson, Chattanooga and the surrounding communities. This page is general information, not legal advice. Call (423) 401-8316 or email prioritymobilenotaryservices@gmail.com.
