REALCARE INSURANCE MARKETING, INC. Real Estate Professionals Errors and Omissions Insurance Application
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1 REALCARE INSURANCE MARKETING, INC. Real Estate Professionals Errors and Omissions Insurance Application NOTICE: This is an application for a Claims-made policy. Coverage for prior acts and claims made after termination of this policy may be restricted. Please read the policy carefully. 1. Name of Applicant (Company name if applicable) Contact California Association of REALTORS member: Yes No Principal Street Address City ST Zip Mailing Address ST Zip Telephone # ( ) Fax # ( ) Address: 2. a. Date firm was established: b. Year current owner assumed management: c. Number of years owner licensed as an agent as a broker 3. Applicant ownership: Corporation/LLC Independent Contractor Sole Proprietor Partnership/LLP * Professionals are defined as: Owners, Partners, Officers, Real Estate Brokers/Agents/Salespersons, Appraisers, Property Managers, Consultants or Auctioneers including independent contractors. 4. a. Indicate the total number of full time professionals: * *Full time professionals are defined as earning more than $20, in annual income. b. Indicate the number of part time professionals: * *Part time professionals are defined as earning $20, or less in annual income. c. Indicate the total number of support staff: 5. Does the Applicant have a formalized training program for all professionals and staff? Yes No 6. Indicate the number of professional employees who participated in an accredited, continuing professional education program during the past 12 months. 7. Do at least 15% of all professionals hold a professional designation? (i.e. GRI, CRS, CRE, ABR, MAI, SRA) Yes No 8. a. Is the Applicant owned, associated, or controlled by any business, investment group or syndication? Yes No If Yes, Please provide the name of the entity(s) and the nature of the relationship: b. Is the Applicant involved in property development or construction (including renovations)? Yes No If Yes, provide the extent of the firm's involvement and the percentage of revenues generated from such activities:
2 9. Provide your gross revenues from the last fiscal year. If newly established, please provide an estimate of revenues for the current annual period (Gross revenues are defined as all fees and commissions before expenses, including fees, commissions and bonuses payable to employees and independent contractors): Gross Revenues for Last Fiscal Year # of Transaction sides (closed real estate sales for last fiscal year) Projected Revenues for Current Fiscal Year Projected # of Transaction Sides a. Residential Sales & Leasing $ $ b. Owned Residential Property Sales $ $ c. Residential Appraisals $ $ d. Residential Farm Land $ $ e. Raw Land Zoned Residential $ $ f. Commercial Sales & Leasing $ $ g. Owned Commercial Property Sales $ $ h. Commercial Appraisals $ $ i. Non-Residential Farm Land $ $ j. Raw Land Zoned Non-Residential $ $ k. Sale of Business Opportunities $ $ l. Auctioneering (Real Property) $ $ m. Property Management $ $ n. Mortgage Brokering $ $ (Only if coverage is desired) o. Real Estate Consulting $ $ (provide details) p. Other (Specify) $ $ Details of Real Estate Consulting (o) and Other (p) from above: 10. Does the Applicant have documented procedures which include instructions on how to handle complaints and compliance with Federal, State and Local statutes? Yes No 11. Does the Applicant use approved board of REALTORS or state association of REALTORS standard contract forms for the listing and sale of all Real Estate? Yes No If No, please explain. 12. In the past year, what was the average value of properties sold by Applicant? 13. What percentage of residential transactions included a: a. Signed property disclosure form? % b. Home warranty program? % c. Home inspection or written waiver? % 14. What percentage of transactions involve acting as a dual agent? % 15. Has any member of your firm been involved in asset or property preservation services including any incidental repair work on bank owned properties within the last 3 year period? Yes No 16. Has any member of your firm been involved in property rehabilitation services on bank owned properties within the last 3 year period? Yes No If Yes to question 15 or 16, were all such repairs contracted by you done by a licensed contractor? Yes No 17. For any bank owned properties where you represent the buyer, do you advise the buyer in writing to have the property inspected by a licensed and insured home inspector prior to purchase? Yes No
3 18. Has any member of your firm engaged in acquiring the properties or deeds of financially distressed homeowners, including sale leaseback agreements within the last 3 year period? Yes No N/A 19. a. Has the Applicant engaged in any eviction services on pre-foreclosed or bank owned properties within the last 3 years? Yes No b. If Yes to item 19a, was the preparation, filing and service of the eviction complaint and obtaining the eviction judgment handled by an attorney? Yes No 20. Is any client responsible for more than 25% of the Applicant s annual income? Yes No If Yes, provide details on a separate sheet. 21. Does the firm perform or intend to perform professional services for REITS or property syndications? Yes No If Yes, what is the percentage of the gross commission income derived from these services? % 22. During the past 5 years: a. Has the Applicant been involved in any merger, acquisition, or consolidation? Yes No If Yes, provide details on a separate sheet and include any name changes for the firm. b. Has any principal, partner, director, officer, or professional of the Applicant performed professional services for any other business which the Applicant has any ownership or managerial interest? Yes No If Yes, provide details on a separate sheet. 23. Does the Applicant transact business in multiple states or outside of the United States? Yes No If Yes, provide details on a separate sheet, including the percent (%) of total gross revenues from each state or country. 24. After inquiry, is the Applicant, or anyone to whom this insurance will apply, aware of any: a. Professional Liability claim made against them in the past 5 years? Yes No b. Act or omissions in the performance of professional service for others which might reasonably be expected to be the basis of a claim or suit against them? Yes No c. Complaint, disciplinary action or investigation by any regulatory authority? Yes No d. Changes in any claims previously reported on past applications? Yes No IMPORTANT NOTE: The Applicant s disclosure of claim information does not indicate nor imply, in any way, that any act or omission is covered by this policy. In addition, circumstances or incidents that might reasonably be expected to be the basis of a claim MUST be reported to the Applicant s current insurer before the claim reporting period expires. NEW BUSINESS APPLICANTS ONLY MUST COMPLETE QUESTIONS During the past 5 years has any insurance carrier declined, canceled or refused renewal of similar insurance on behalf of this Applicant or anyone to whom this insurance will apply (Other than due to loss of market)? Yes No If Yes, provide details on a separate sheet and include the date, carrier and reason. 26. List Previous Professional Liability Coverage policies this individual, firm or predecessors of firm have held within the last 5 years. If no insurance was in effect for a given year, state none where applicable below: Company Policy Period Limit of Liability Deductible Premium Retro Date 27. Has the Applicant ever purchased an extended reporting period endorsement? Yes No If Yes, please provide details to include the date, carrier and reason:
4 28. Coverage Selection: a. Limits of Liability: Per Claim Policy Aggregate b. Deductible: Loss Only Loss and Claims Expenses c. Desired Policy Effective Date: / / d. Current Policy Retroactive Date: / / (PLEASE ATTACH CURRENT DECLARATIONS PAGE) FRAUD WARNING: Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. COMPLETION OF THIS FORM DOES NOT BIND COVERAGE. APPLICANT S ACCEPTANCE OF COMPANY S QUOTATION IS REQUIRED PRIOR TO BINDING COVERAGE AND POLICY ISSUANCE. THE APPLICANT AND FIRM ACCEPTS NOTICE THAT ANY POLICY ISSUED WILL APPLY ON A CLAIMS-MADE BASIS. THE APPLICANT AND FIRM ACCEPTS NOTICE THAT THEY ARE REQUIRED TO PROVIDE WRITTEN NOTIFICATION TO THE COMPANY OF ANY CHANGES TO THIS APPLICATION THAT MAY HAPPEN BETWEEN THE SIGNATURE DATE BELOW AND ANY PROPOSED EFFECTIVE DATE. THE APPLICATION MUST BE SIGNED BY AN ACTIVE OWNER, PARTNER, PRINCIPAL, OFFICER, OR MEMBER OF THE APPLICANT. The undersigned is authorized by, and acting on behalf of, the Applicant and represents that all statements and particulars herein are true, complete and accurate and that there has been no suppression or misstatements of fact and agrees that this application shall be the basis of, and becomes part of, the Applicant s professional liability coverage. Please print your name Signature Date Please scan and the application to: [email protected] OR FAX to:
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