Infinity Sponsored Errors and Omission Insurance Program Frequently Asked Questions

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1 Infinity Sponsored Errors and Omission Insurance Program Frequently Asked Questions 1. What Professional Services does the E&O policy cover? Coverage under the policy applies to Claims arising out of the rendering or failing to render Professional Services for others as a properly licensed property and casualty agent or broker or life, accident and health agent or broker. Professional Services means Those services identified below, rendered in connection with a Covered Product by the Agent or its Agency/Agency Staff to a Client in the conduct of such agent's profession as a properly licensed insurance agent, general agent or broker or a Notary Public: 1. Soliciting, negotiating, placing, recommending, selling or servicing a Covered Product; but not including the sale, surrender, conversion or any alteration of a Covered Product, in order to acquire or invest in anything other than a Covered Product; 2. Providing advice or consultation solely related to a Covered Product, including financial planning or consulting solely related to a Covered Product; but not including any advice or recommendation to, in any way, sell, convert, surrender, or alter a Covered Product, in order to acquire or invest in anything other than a Covered Product; 3. Claims adjusting and administration in connection with soliciting, negotiating, placing, selling or servicing a covered product; 4. Appraising real or personal property in connection with soliciting, negotiating, placing, selling or servicing a covered product; 5. Providing loss control or risk management services in connection with soliciting, negotiating, placing, selling or servicing a covered product; 6. Assisting a client in obtaining premium financing for a Covered Product through an entity not affiliated with any Insured; 7. The supervision or training of Agency/Agency Staff or of another Agent contracted with the Sponsoring Company in connection with the Professional Services described in above. Professional Services does not include the ownership, creation, formation, operation or administration of, the adjustment of or administration of claims for: 1. Any Multiple Employer Welfare Arrangement; 2. Any health maintenance organization or preferred provider organization; 3. Any pool, syndicate, association or combination formed for the purpose of providing insurance or benefits; 4. Any risk retention group, captive or self-insurance program. 2. What products are covered under this program? Covered Products include: 1. Property and Casualty Insurance; 2. Workers Compensation Insurance; 3. Life Insurance (other than Variable Life Insurance products); 4. Accident and Health Insurance; 5. Disability Income Insurance; 6. Fixed Annuities (other than variable products); 7. Individual Retirement Annuities; 8. Equity Indexed Annuities; 9. Group Employee Benefit Plans, Life, Accident & Health Plans or Disability Plans, provided such plans are fully insured at all times; (but not including Group or Ordinary Pension or Profit Sharing Plans, Individual Retirement Accounts, Keogh Plans, 401(k) or 501(b) plans or multiple employer welfare arrangements, 412i or 419 plans); 10. Expert witness testimonial related or not provided to a Product Provider; 11. Variable Life and Annuities (if you are properly licensed and elect this coverage extension); 12. Mutual Funds (if you are properly licensed and elect this coverage extension). Covered Products do not include any plan or arrangement operating as a Multiple Employer Welfare Arrangement (as defined in the Employee Retirement Income Security Act of 1974 including any amendments thereto), 412(i) and 419 plans. Please note that you will only be covered for those Professional Services for which you are properly licensed, appointed and/or contracted. Page 1 of 5

2 3. What are the eligibility criteria to enroll in this program? California Select Eligible Agents/Agencies 1. Your agency has five (5) or less licensed staff; and annual commissions of $1,500,000 or less; 2. Your agency has no pending or prior E&O claims in the past five (5) years*; 3. Agency's principals, officers and/or employees have never been the subject of a complaint, reprimand or disciplinary or criminal action by any federal, state or local authorities as a result of their professional services; 4. Agency has been in business under the current ownership for three (3) years, and Agency has not acquired the assets and liabilities of another agency in the past three (3) years. However, agencies licensed for less than three (3) years are eligible. The maximum liability limits available are $1,000,000/$1,000,000 (See New Agent Rate). 5. At least 60% of the annual Agency commissions are derived from the sale of Personal Lines, Property & Casualty insurance products; 6. Less than 10% of the total fixed annuity sales is derived from fixed, deferred annuity sales to Seniors (65 years or older) 7. No more than 10% of total revenues is derived from business placed with un-rated carriers, or admitted carriers rated less than B+ by A.M. Best, or non-admitted carriers rated less than A- by A.M. Best; 8. The agency does not operate as an MGA, wholesaler, surplus lines broker, real estate agent/broker or claims TPA; 9. The agency does not own, operate, manage, administer or place business in Alternative Risk Transfer arrangements; Captives, Risk Retention Groups, Risk Purchasing Groups, Professional Employer Organizations (PEOs) or partially or wholly self-insured groups or trusts. Other California Agents and All other States 1. Your agency has ten or less licensed staff; 2. Agency has been in business under the current ownership for three (3) years or more; 3. Agency has had no more than one (1) claim and/or $50,000 in total incurred claims (paid + reserves) in the past five years.* 4. Your agency derives no more than 10% of revenues from the sale/servicing of Variable Life, Variable Annuities, Mutual Funds or any related financial planning activities; 5. Deferred Annuity sales to Seniors (age 65 and older) is less than 10% of the agency's total annuity sales; 6. No merger or acquisition activity in the past five years; 7. No requested coverage for Securities. *Ineligible: Any agent who has ever had an insurance company terminate his or her agent or general agent contract for "cause", as that term is defined by the insurance company or agent contract, including contract termination as a result of a regulatory or disciplinary action or criminal action by any federal, state or local authorities or by any self-governing, regulatory body or bodies, as a result of their professional services. Note: All Agencies that are enrolling for the first time will be required to submit a current five (5) year loss run within 30 days of enrolling. All agencies that do not meet the above criteria must complete a short-form application for individual underwriting and rating. 4. Do I have coverage for property, casualty, life, accident and health products with any carrier? Yes, provided you have a valid contract in effect with that carrier, you are appropriately licensed, and the act occurred after the Retroactive Date. 5. Does the policy provide coverage for Claims related to the insolvency of an insurance carrier? The policy excludes coverage for Claims arising out of the insolvency, receivership, bankruptcy, or any inability or refusal to pay of any organization in which the Insured has placed or obtained coverage or in which an Insured has placed the funds of a client or account. 1. This exclusion does not apply to an admitted property casualty insurance company rated B+ or better by A.M. Best Company at the time of the Wrongful Act. (Please see the exclusions section for a complete copy of this exclusion.) 2. This exclusion does not apply to an admitted life, accident or health insurer that was rated A- or better by A.M. Best Company at the time the business was placed or renewed. (Please see the exclusions section for a complete copy of this exclusion.) 3. A non-admitted insurance company rated A- or better by A.M. Best Company that is also authorized to conduct business in the applicable state in which the covered product involved was sold, placed or obtained. 4. The Product Provider was guaranteed by a governmental body or bodies (including but not limited to assigned risk plans, Joint Underwriting Association Associations, or fair plans) or was a County Mutual reinsured by carriers rated B+ or better by A.M Best Company, or was part of the Iowa Communities Assurance Pools (ICAPS). Page 2 of 5

3 6. Do I have coverage for the sale and servicing of Mutual Funds? Yes, if you are properly licensed and elect to purchase the coverage extension. 7. Do I have coverage for the sale and servicing of Securities other than Mutual Funds or Variable Products? No, the sale and servicing of securities other than mutual funds or variable products are not covered. 8. Do I have coverage for my activities as a financial planner? Yes, the program provides coverage for providing advice or consulting including financial planning solely related to a Covered Product. 9. Do I have coverage for acting as an independent Registered Investment Advisor? No, Registered Investment Advisory activity is not covered. 10. What is the Prior Acts/Retroactive Date Coverage under the policy? The prior acts coverage (Retroactive Date) provided under the policy is the earlier of: 1. The Inception Date of the Agent s first claims-made property and casualty insurance agents professional liability policy from which date coverage has been maintained in force without interruption; or 2. The retroactive date, if any, shown on the Agent's property and casualty insurance agents' errors and omission liability policy: a. Which immediately preceded the first policy American Automobile Insurance Company issued to the agent; or b. Which immediately preceded the date the Agent was first added to the American Automobile Insurance Company policy, if the agent was added after the inception date of the first American Automobile Insurance Company policy, provided that there is no lapse in coverage between the termination date of that other policy and the inception date of coverage for the Agent under the American Automobile Insurance Company policy. If a lapse in coverage does exist, the retroactive date shall be: a. The inception date of the first American Automobile Insurance Company policy issued to the Agent; or b. The inception date of coverage when the Agent was first added to the American Automobile Insurance Company, if the Agent was added after the inception date of the first American Automobile Insurance Company Policy. 11. How do I obtain coverage for my staff? The coverage extends to the Agent and Agent/Agency Staff. Agent/Agency Staff either in the singular or the plural, means the following persons or entities, but solely when acting on behalf of the Agent: 1. Any corporations, partnership or other business entity owned and controlled by such Agent; 2. Any natural person who was, now is, or shall be a duly elected or appointed director, officer, manager, member, partner or employee of such Agent or a duly elected or appointed director, officer, manager or employee of any entity identified in 1. above; or 3. Any employee of any business entity of which the Agent is also an employee; 4. Any natural person who was, now is or shall be leased or loaned worker to the agency; 5. Any independent contractor, but solely with respect to business placed though or serviced by the Agent pursuant to a written contract with the Agent or with any entity defined in 1. above. 12. Does the policy pay for the expenses to defend a Claim? The Insurer has the right and duty to defend you when a Claim is made against you seeking Damages for a negligent act, error or omission while rendering or failing to render Professional Services and will pay all loss (which includes defense expenses) that you are obligated to pay as a result of a covered claim. The cost to defend you will not reduce your available limit of liability. For example if you elect a $1,000,000 limit of liability and the cost to defend you on a single Claim is $500,000, that cost will not reduce the $1,000,000 limit of liability available to pay the Damages on your Claim. You may not without the written consent of the Insurer: incur any expense; or demand or agree to arbitration of any Claim; or make any payment, admit liability, settle any Claim or assume any obligation. If the Aggregate Limit of Liability is exhausted by any settlement or judgment of any Claim, the Insurer's obligation under this Policy shall be terminated. Page 3 of 5

4 13. How does my Deductible work? Your deductible is applicable to Damages and Defense. There are several deductible options in the program starting at $2,500 per claim. 14. What is a Claims Made and Reported policy? Coverage is provided to you on a Claims Made and Reported basis. This means the policy applies to claims resulting from negligent acts, errors or omissions or Personal Injury provided that: 1. the Claim is first made against you during the Policy Period and is reported to the Insurer in writing during the same Policy Period, or the extended reporting period (if applicable); and 2. the act, error or omission or Personal Injury occurred on or after the Retroactive Date (this is defined in Question 9); and 3. prior to the effective date of this policy, you did not have knowledge of any act, error or omission or Personal Injury which could reasonably be expected to result in a Claim; and 4. if the act, error or omission or Personal Injury occurred prior to the effective date of this Policy Period, there is no other valid and collectible insurance available to you. All Claims must be reported to the insurance carrier as soon as practicable. 15. What happens if my contract with Infinity terminates during the Policy Period? Coverage will continue until the end of the policy period. You will not be eligible to renew your coverage in this program. 16. What happens if I retire, become disabled or in the event of my death? Extended Reporting Period If the Agent or, if the Agent is deceased, his or her estate, is totally and permanently disabled or retired from providing Professional Services, they shall have the right, upon payment of the additional premium stated below, to purchase an Extended Reporting Period of the duration stated below. This Extended Reporting Period must be requested within 60 days of termination of the Agent s membership with the sponsor. Term (Years) Rate (% of Expiring Annual Premium) 3 100% 4 120% 5 140% 6 155% 7 170% 8 185% 9 195% % 17. What do the limits $1,000,000 / $1,000,000 mean? The first limit stated is a per Claim limit and the second limit is the total aggregate per Policy Period for each Named Insured (i.e. agent or agency). This means the carrier will pay up to $1,000,000 on any single Claim made against a Named Insured or anyone covered under the agent s limit. The total limit available to the Named Insured regardless of the number of Claims made against the Named Insured during the Policy Period is $1,000,000. In other words, if a Named Insured has one Claim during the Policy Period for $1,000,000, the Named Insured would have no additional limits left under the Policy after the payment of that Claim. If instead the Named Insured had one Claim during the Policy Period for $600,000, the Named Insured would still have $400,000 of limits left to pay for additional Claims made under that same Policy Period. A new per Claim limit of liability and Aggregate limit of liability are provided at each renewal of the Policy Period. 18. Can I purchase additional limits of liability? There are three limit options available on the program. $1,000,000 each claim/$1,000,000 each agency $2,000,000 each claim/$2,000,000 each agency $2,000,000 each claim/$5,000,000 each agency Additional limits of liability are not available beyond the limits listed above. Variable Products and Mutual Funds are subject to a $1,000,000 sublimit. Page 4 of 5

5 19. What is a Claim? A Claim is considered to be any written demand for compensatory damages or services made against you or someone covered under your policy. Some examples of what is considered a Claim include: a letter from a client stating you made a mistake and they are requesting money to fix the mistake or to compensate them for the loss due to your alleged mistake; or service of suit (summons and/or complaint); or institution of arbitration proceedings; or FINRA statement of claim. 20. Who is American Automobile Insurance Company? The policy is with Fireman s Fund Group and the issuing carrier American Automobile Insurance Company. American Automobile is rated A by A.M. Best. The information obtained from A.M. Best dated January 12, 2010 is not in any way CalSurance s warranty or guaranty of the financial stability of the insurer in question, and that the information is current only as of the date of publication. 21. What is the Financial Sales Professional Risk Purchasing Group? Certain states require that a group policy must be purchased through a Risk Purchasing Group, (RPG). At no additional charge, CalSurance provides for your membership in Financial Sales Professionals Risk Purchasing Group, a RPG formed by CalSurance and operating pursuant to the Liability Risk Retention Act of 1986 (15 USC et seq.) for the benefit of Financial Professionals insured under CalSurance programs. 22. Who is Brown & Brown of California? Brown & Brown is one of the largest and most respected independent insurance intermediaries in the nation, with over 67 years of continuous service. The Company is ranked as the sixth largest such organization in the United States by Business Insurance magazine. Infinity has selected CalSurance to administer and place coverage with the underwriting marketplace on behalf of the contract agents of Infinity. Questions regarding enrollment, premium payment, coverage, or when to file a claim, as well as, requests for copies of your certificate of insurance can be obtained from CalSurance. Lancer Claims Services, a division of Brown & Brown of California, has been selected by American Automobile Insurance Company as the administrator of all Claims that occur under the Agents and Agencies of Infinity sponsored Professional Liability Policy. Lancer Claims Services handles only professional liability claims. Questions regarding when or how to file a Claim or inquiries on Claims already submitted under the program should be directed to Lancer Claims Services. 23. Important Contact Information These resources are available to producers seeking information regarding their professional liability coverage: For Proof of Coverage: Visit the CalSurance website at reprint certificate of insurance; or Contact CalSurance Customer Service at Questions Regarding Coverage or Enrollment: CalSurance Customer Care 681 S. Parker Street Orange, CA Phone: Fax: Monday to Friday, 7 a.m. 5 p.m., Pacific Standard Time Questions Regarding How to Report a Claim: Lancer Claims Services First Reports Desk 681 S. Parker Street Orange, CA Phone: / Fax: THIS INFORMATION IS NOT INTENDED TO INTERPRET THE ACTUAL COVERAGE CONTENT IN THE POLICY NOR IS IT LEGAL ADVICE, BUT RATHER SUMMARIZES OUR UNDERSTANDING OF THE COVERAGE PROVIDED. ALL STATEMENTS CONTAINED HEREIN ARE SUBJECT TO ALL OF THE TERMS, CONDITIONS, AND EXCLUSIONS OF THE ACTUAL POLICY. A COPY OF THE POLICY IS AVAILABLE BY CALLING CALSURANCE AT THIS DOCUMENT DOES NOT REFLECT THE TERMS AND CONDITIONS OF THE POLICY WHICH HAVE BEEN MODIFIED IN ORDER TO COMPLY WITH NEW YORK REQUIREMENTS. PLEASE CONTACT CALSURANCE TO REQUEST A COPY OF THE NEW YORK AMENDATORY ENDORSEMENT WHICH DETAILS ANY CHANGES TO THE POLICY RELATIVE TO AGENTS LICENSED IN THE STATE OF NEW YORK. Page 5 of 5

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