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Year in Review 

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Copyright, Trademark & AI

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Data Privacy and Cybersecurity

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ADA Compliance

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Workplace Safety

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Sexual Harassment

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Year in Review

Total claims filed in 2023: 62

Active: 26
Potential: 24
Denied: 2

Top 3 Claim Types

62 claims were filed on the NAR Insurance Program in calendar year 2023, with the top three claims comprising 50% of filed claims. For the first time ever, cyber claims topped the list of claim types filed, driven by the Rapattoni breach in August 2023. 

11 Cyber
11 Employment
7 Professional Standards

Check out NAR’s resources in each of these areas to help prevent future claims. Local REALTOR® Associations filed the majority of claims, and the yearly total is in line with recent years. (See graphs below.)

Source of Claims

Q4 risk report source of claims chart

Annual Claim Trends 

Q4 2023 risk report trend graph


Of the 62 claims filed on the 2023 policy, 2 were denied coverage. Why?

Claims are denied based on the exclusions detailed in the policy clause IV. Among the exclusions are claims for any fraudulent, criminal, malicious or intentional act; bodily injury such as a slip and fall at an association event; worker’s compensation or violations of occupational health and safety laws; and certain federal laws like the Fair Credit Reporting Act and the Telephone Consumer Protection Act.   

NAR Resources


Cybersecurity: What You Need to Know
September 28, 2020

Learn about the importance of cybersecurity and what members can do to continue working smart while staying safe and preventing attacks.

Safeguard Your Data
April 25, 2023

The best way to stop cyberattacks: Stay educated on how to keep your information safe—and take the necessary steps to do so.

How to Thwart 6 Hacking Threats
October 14, 2019

October is National Cybersecurity Awareness Month—a time to think about the digital dangers to your business. Take these steps to stay safe online.

Conducting Internal Investigations
December 13, 2023

Discover best practices for conducting internal investigations, what member policies to put in place, & how to implement event & training protocols.

Trending Employment Law Issues
December 8, 2022

Learn how you can help reduce your risk for claims such as discrimination and sexual harassment in this informative and timely webinar.

Employer/Employee Guidelines

These Guidelines are intended to assist associations develop employment policies required to obtain Professional Liability Insurance coverage.

NAR Member Code of Conduct

Offensive behavior not only impedes the effectiveness of the Association, but can also create exposure to legal liability.

NAR HR Solutions

The NAR HR Solutions program provides the convenience of one-stop shopping for professional quality services and resources.
Professional Standards


Q: Can an employer regulate its employees’ political speech or activity in the workplace?

The closer we get to election day, the more likely political activities may break out in our workplaces. In today’s climate, people get easily fired up when discussing the wall or same-sex marriage, terrorism, bathroom designations, and of course, candidates. So what’s an employer to do if this activity negatively impacts its workplace? 

The first consideration is the First Amendment. It does secure essential rights—freedom of speech, the right to assemble—but it does not apply to a private employer’s ability to regulate employee activity. However, your jurisdiction may have broad statutory protections. Certain states, including California, Colorado, Illinois, Louisiana, New York, North Dakota, South Carolina, Wisconsin and Utah, prohibit employers from taking action against employees based on their lawful off-duty conduct.

So, the next time an employee shows up wearing a “Dump Trump” or “Banish Biden” pin and you feel the need to do something:

  • Consider whether any state or federal limitations on political activity or lawful off-duty conduct exist. 
  • Evaluate the nature of the speech and the extent to which it unduly disrupts the workplace. 
  • Assess whether the speech violates company policy. Racially offensive comments or hate speech, even if supposedly political, may be subject to discipline. 
  • Ask whether the conduct is protected under the National Labor Relations Act. Add the words, “Equal pay for all” to a provocative political pin and you may need to take a step back.
  • Whenever possible, consult legal counsel before taking action. 

This employment practices tip, and dozens more, are available to you on the EPL AssistTM website. Be sure to take advantage of this valuable benefit, which provides policy templates, sample documents, risk management resources, and advice and counsel on common employment law issues facing associations.

Coverage Corner

Addressing Common Policy Questions

Q: One of my directors read the Chubb policy, and says we’re not specifically named in it. Are we still covered?
A: Yes. The NATIONAL ASSOCIATION OF REALTORS® name appears on the policy because it is the “Named Insured.” The REALTOR® Associations, MLSs, and NAR Institutes, Societies and Councils are eligible for coverage as "Associations" defined in Section II.D. of the policy. 

Have coverage questions? Check out these Professional Liability Policy FAQs

Risk Management Webinar Series

Register for AI: What Associations Need to Know Now

What risks does AI pose for associations? How can an association protect itself from potential liability, and what guardrails should be in place? Join an expert panel to explore these issues and come away with practical insights to address this issue. 

Webinar Date: March 7, 2024 | 2 pm CT

Risk Management Webinar Series

The Risk Management Webinar Series is a quarterly series for REALTOR® AEs & legal counsel; enhance skills while reducing risk for common claim types.