Prudential. This outline is provided by the broker, Aon Risk Services Northeast, Inc.

Transcription

1 2013 HIGHLIGHTS OF THE E&O INSURANCE PROGRAM For Producers of Prudential Insurance Division Prudential Insurer: Continental Casualty Company (CNA) 125 Broad St. New York, NY Policy Number: Policy Period: 12:01 a.m. February 1, :01 a.m. February 1, 2014* This outline is provided by the broker, Aon Risk Services Northeast, Inc. *The policy expiration date is the earlier of February 1, 2014 or the date the Insured's contract with Prudential is terminated. This summary does not take the place of, or alter any of the conditions, exclusions and other terms of the policy herein summarized. It is merely a short descriptive guide to the policy for convenient reference and is not intended to be complete or exhaustive. In the event of a conflict between this summary and actual policy, the actual terms of the policy will govern. Any questions regarding coverage or claims should be referred to CNA or Aon Risk Services Northeast, Inc.

2 TABLE OF CONTENTS I. PROGRAM HIGHLIGHTS... 3 II. EXCLUSIONS... 7 III. WHAT TO DO IN THE EVENT OF A CLAIM IV. CLAIM REPORT FORM V. IMPORTANT TELEPHONE NUMBERS VI. REQUESTS FOR EVIDENCE OF INSURANCE... 14

3 I. PROGRAM HIGHLIGHTS This is a claims made and reported policy and, subject to its provisions, applies only to any claim (as defined in the policy) first made against an Insured and reported to the Insurer during the policy period (or extended reporting period) as allowed under the terms of the policy. No coverage exists for claims first reported after the end of the policy period unless, and to the extent that, the extended reporting period applies. 1 Defense costs reduce the limit of liability. Producers are required to report claims to the Insurer as soon as practicable. Instructions for claim reporting are included herein. A. Limits of Liability: (Defense costs are included within the limit) The limit of liability for Producers* of Prudential Financial, Inc. is $2,000,000 each claim and $2,000,000 for all claims each Producer each Policy Period. All Producers have an option to purchase higher limits of liability of $5,000,000 for the life and health coverage ($3,000,000 excess) at the beginning of the Policy Period. If a Producer elects either sponsored P&C coverage or non-sponsored brokered P&C coverage, the maximum limit of liability for any claim involving the sale and/or servicing of a property and casualty product is $2,000,000, even if the higher limits of liability are elected for life and health coverage. *The term Producer(s) includes, but is not limited to Producers, Premier Producers, Emeritus Producers, Financial Professional Associates, Part Time Financial Professional Associates (Career Development Program) Financial Planners, Statutory Producers, Senior Life Representatives, College Interns and Prudential Field Managers (inclusive of the positions currently titled Managing Director, Associate Managing Director, Field Supervisor, Manager Financial Services, Manager Agency Training, Agency Recruiters or comparable Management position) enrolled in the Producers E&O program with CNA. Multiple Insureds, Claims and Claimants: The fact that a claim is made against more than one Insured or that claims are asserted by more than one person will not increase CNA s limit of liability. Two or more claims arising out of a single act, error or omission or a series of related acts, errors or omissions shall be treated as a single claim. All such claims shall be subject to a single limit of liability. NY Producers named in a Class Action Claim The CNA policy contains an absolute exclusion for class action claims brought against a producer who resides or practices in the state of New York. 1 Notwithstanding the requirements that the claim must be first made and reported to the insurer during the policy period, if continuous coverage is in effect pursuant to consecutive policies issued by the Insurer, a claim may be first made against the Insured during one policy period and may be reported to the Insurer in writing during the consecutive following policy period without constituting a violation of this provision. 3

4 Policy Aggregate: Please note that the maximum aggregate limit of liability of the insurer for all loss and defense costs under this program is $100,000,000 regardless of the number of claims made against the Insureds. The Insurer's obligations to pay loss, including defense costs could cease if this aggregate limit is exhausted by payment of loss and/or defense costs for claims made during the program period (02/01/ /01/2014). B. Policy Period: 02/01/ /01/2014 C. Deductibles: (Damages Only) None Each claim on all Prudential or Prudential sponsored products. $1,000 Each claim on all other covered products. The deductible does not apply to defense costs. Please note that the deductible is your responsibility. D. Professional Services Covered Coverage is provided for Loss that you become legally obligated to pay resulting from a Claim for any actual or alleged negligent act, error or omission made against you (including Claims for libel and slander) in rendering or failing to render Professional Services for others as a Producer, subject to the terms, conditions and exclusions of the policy. The term Professional Services means those services arising out of the conduct of your business as a licensed Producer or Prudential Field Manager, but shall be limited to: Sale or attempted sale or servicing of life insurance, accident and health insurance, managed health care organization contracts, fixed annuities, disability income insurance, long-term care insurance and 24-hour care coverage. Sale or attempted sale or servicing of variable annuities, variable life insurance, 529 plans, and mutual funds, which are registered with the SEC (if required), through a broker/dealer that is a member of the Financial Industry Regulatory Authority. Sale or attempted sale or servicing of securities (other than variable annuities, variable life insurance and mutual funds) approved by a Prudential Broker/Dealer and financial planning activities in connection therewith. Sale or attempted sale or servicing of employee benefit plans, IRAs and Keogh retirement plans. Administration of Employee Benefit Plans, defined as consultation with participants in an employee benefit plan to explain the plan s provisions and handling day to day ministerial functions required by such plan, including without limitation: enrollment record keeping filing reports with government agencies Sale or attempted sale or servicing of Prudential sponsored P&C or Non-sponsored P&C products (but only if such coverage is elected and for which an additional premium is paid). The referral of property and casualty business. 4

5 The referral or recommendation of a third party administrator or qualified plan consultant to a client for the administration or servicing of employee benefit plans. The referral of structured settlements. Investment Advisory Services, defined as advisory services provided by a Registered Investment Advisor (RIA) pursuant to the Investment Advisors Act of 1940 with respect to securities approved by a Prudential Broker/Dealer, provided that prior to providing such services, the RIA gave written notice of such services to a Prudential Broker/Dealer and received written approval to conduct such transactions from the Prudential Broker/Dealer. Investment Advisory Services does not include the sale or attempted sale or servicing of securities. Financial planning activities in conjunction with any of the foregoing, whether or not a separate fee is charged. The supervision, management or training of a producer by a field manager for the sale and/or servicing of life, accident & health or disability products, fixed annuities, variable annuities, variable life, mutual fund products and property and casualty products. The supervision, management or training of an Associate Producer by a Producer with whom the Associate Producer maintains a Associate Producer Agreement for the sale and/or servicing of life, accident and health or disability products, fixed annuities, variable annuities, variable life, mutual fund products and property and casualty products. The supervision, management or training of a Registered Representative by a registered principal with respect to activities otherwise covered herein. Services as a notary public. Privacy Claims Coverage The Policy provides coverage for Privacy Claims against you alleging Privacy Injury and Identity Theft that occurred while rendering Professional Services; and, Coverage for Client Network Damage Claims against you alleging that a Security Breach or Electronic Infection caused Network Damage to a client s network in the rendering of Professional Services. E. Defense of Claims: CNA has the right and duty to defend any claim against you seeking sums payable under the policy, even if any of the allegations of the claim are groundless or false, provided they are alleged in conjunction with another covered Wrongful Act. F. Coverage for Loss: Coverage is provided, subject to other terms and conditions, for Loss that you are legally obligated to pay on account of a covered Claim. Loss is defined to mean monetary judgments and monetary settlements. Loss does not include civil or criminal fines or penalties; taxes; any amount for which there is no legal recourse against you; costs incurred as a result of any injunctive relief; return of commissions, fees or charges for services rendered by you; matters uninsurable by law. 5

6 G. Coverage for Prior Acts: The policy, subject to all other terms, conditions and exclusions, will cover claims first made against you and reported to CNA during the Policy Period, but only if those claims arise from negligent acts, errors or omissions committed ON OR AFTER (a) the date you first contract with Prudential, or (b) the date from which you have maintained in force continuous E & O coverage (whichever is earlier). NOTE: Prior acts coverage for Investment Advisory Services or the sale or attempted sale or servicing of securities (other than variable life, variable annuities or mutual funds) applies only to negligent acts, errors or omissions committed on or after the date you contract with the Prudential Broker/Dealer. H. Extended Reporting Period (following contract termination) The policy s Extended Reporting Period (ERP), commonly referred to as tail coverage, permits you to report claims for a specified period after the termination of your contract with Prudential. This ERP applies only to negligent acts or omissions that occurred prior to the termination of your contract with Prudential and which are otherwise covered by the terms and conditions of the policy. Terminated Producers (Automatic 3 year ERP) 1. Beginning with the date of your contract termination with Prudential, you will have an automatic three (3) year ERP to report claims arising from negligent acts in the sale and/or servicing of all products as long as the negligent acts occurred prior to your termination date. You also have an unlimited ERP for claims involving Prudential products or products sponsored by Prudential, for so long as Prudential maintains the E&O Program with CNA. Retired/Disabled Producers - who do not assume a Producer Emeritus Contract (Unlimited Extended Reporting Period) 2. If your contract is terminated because of retirement, disability, or change in profession (no longer an insurance producer) you shall have an unlimited Extended Reporting Period to report claims for negligent acts (involving both Prudential and non-prudential products) which occurred prior to the termination of your Producer s contract. The unlimited ERP will be at no additional cost to you. The extended reporting period does not reinstate or increase the limit of liability beyond the limits shown on the Declarations nor does it extend the Policy Period. Any coverage for claims reported during the ERP is subject to the limit of liability, if any, still available from the last policy period the producer was an Insured producer under this CNA program. 6

7 II. EXCLUSIONS This policy does not apply to any: 1. Claim for which the Insured has placed an insurance carrier on notice under any policy of which this Policy is a renewal or replacement, or which this Policy succeeds in time. 2. Claim against the Insured by or on behalf of, whether directly or indirectly, any other Insured or by or on behalf of the Policyholder (Prudential), in any capacity; however, the Insurer shall pay on behalf of an Insured who is a Prudential Field Manager all sums which the Insured shall become legally obligated to pay as Loss and Defense Costs because of any Claim or Claims arising out of any actual or alleged wrongful termination of an Agent s contract. Notwithstanding anything in this Policy to the contrary, a Claim or Claims arising from such termination shall be deemed to have arisen from a Wrongful Act. 3. Claim brought by or on behalf of, whether directly or indirectly, any governmental or quasigovernmental official, agency or self-regulatory organization in any capacity, including, but not limited to the Securities and Exchange Commission (SEC), Finra, the Securities Investor Protection Corporation, or any state or federal securities or insurance commission or agency; provided this exclusion shall not apply to any Claim by such official, agency or organization in its capacity as a direct client of an Insured or on behalf of a client of an Insured. 4. Claim arising out of any Wrongful Act of the Insured, which a judgement or other final adjudication adverse to the Insured establishes was committed with dishonest, fraudulent, criminal, malicious or knowingly wrongful purpose or intent. 5. Claim based upon, directly or indirectly arising out of, or in any way involving any bodily injury, sickness, disease or death of any person, or damage to or destruction of any tangible property, including loss of use thereof. 6. Liability assumed by an Insured under any contract or agreement; provided this exclusion shall not apply to the extent that (I) the liability arises from the negligent performance of Professional Services, or (ii) the liability would attach to an Insured in the absence of such contract or agreement. 7. Claim based upon, directly or indirectly arising out of, or in any involving Professional Services performed by the Insured as an actuary, accountant, attorney, real estate agent, or third party claims administrator. 8. Claim based upon, directly or indirectly arising out of, or in any way involving the Insured s inability or refusal to pay or collect premium, claim or tax monies. 9. Claim based upon, directly or indirectly arising out of, or in any way involving any commingling of or use of client funds. 10. Claim based upon, directly or indirectly arising out of, or in any way involving any Insured s gaining, in fact, of any profit, remuneration or pecuniary advantage to which a judgement or 7

8 other final adjudication adverse to the Insured establishes the Insured was not legally entitled. 11. Claim arising out of or in connection with the financial inability to pay, insolvency, receivership, bankruptcy or liquidation of any insurance company, any reinsurer, any pool, syndicate, association or other combination formed for the purpose of providing insurance or reinsurance or of any company in which any person has invested or obtained insurance coverage as a result of consultation with the Insured; however, notwithstanding the foregoing, coverage is hereby extended to provide defense for Claims arising out of or in connection with the financial inability to pay, insolvency, receivership, bankruptcy or liquidation of either: 1) any insurance company other than the Policyholder or the Policyholder s subsidiaries, subject to a limit of $500,000 per Claim/$500,000 aggregate per Insured, provided such insurance company had an A.M. Best rating of A- or better on the date the Insured placed coverage with such insurance company, 2) Horizon Healthcare of New Jersey subject to a limit of $500,000 per Claim/$500,000 aggregate per Insured, provided it had an AM Best Rating of B++ or better on the date the Insured placed such coverage, or 3) Plymouth Rock Assurance, subject to a limit of $250,000 per Claim/$250,000 aggregate per Insured, provided it had an AM Best Rating of B++ or better on the date the Insured placed such coverage. 12. Claim based upon the Insured making or stating any promises or guarantees to the future value of any investment, however this exclusion shall not apply to future value or similar projections unless they include an appropriate disclaimer. 13. Claim based upon, directly or indirectly arising out of, or in any way involving a dispute over fees, commissions or charges, including without limitation the structure of fees or excessive fees; however, this exclusion shall not apply to wrongful termination suits brought by an Agent against a Prudential Field Manager. 14. Claim based upon, directly or indirectly arising out of, or in any way involving any pension, profit sharing, health and welfare or other employee benefit plan or trust sponsored by the insured or any entity owned or controlled by the Insured or in which the Insured is a participant, trustee or named fiduciary, as defined under the Employee Retirement Income Act of 1974, as amended, or any similar common or statutory law. 15. Claim based upon, directly or indirectly arising out of, or in any way involving any activities in connection with the exercise of discretionary authority with regard to the management or disposition of assets (whether for individuals, groups, employee benefit plans, or other entities of whatever legal form or character); however, this exclusion shall not apply to the activities of the Insured when exercising discretionary authority as a Registered Investment Advisor with respect to mutual funds, variable annuities or variable life products. 8

9 16. Claim based upon, directly or indirectly arising out of, or in any way involving the actual or alleged sale, attempted sale or servicing of any coverage, alleged coverage or plan placed with any form of Multiple Employer Welfare Arrangement as defined by the Employee Retirement Income Security Act of 1974, as amended, or any employee benefits plan involving self funding in whole or in part, by any employer; however this exclusion shall not apply to Prudential s STEP Program. 17. Claim based upon, directly or indirectly arising out of, or in any way involving the actual or alleged design or implementation of any employee benefit plan, unless specifically covered within the definition of Professional Services. 18. Claim based upon, directly or indirectly arising out of, or in any way involving: any nuclear reaction, radiation or contamination, or any actual, alleged or threatened discharge, release, escape, or disposal of, or exposure to, Pollutants; any request, direction or order that any of the Insureds test for, monitor, clean up, remove, contain, treat, detoxify, neutralize or in anyway respond to or assess the affects of Pollutants or nuclear reaction, radiation or contamination, or any voluntary decision to do so; or any actual or alleged property damage, or bodily injury, sickness, disease or death of any person, or financial loss to the Insureds, their security holders, or their creditors resulting from any of the aforementioned matters. 19. Claim based upon, directly or indirectly arising out of, or in any way involving viatical settlements, viatical insurance benefits, viatical investment pools or any security backed by viatical settlements, ETS pay phones or payphone investments, Structured Settlements or Life Settlements. 20. Claim against a Registered Representative or Registered Investment Adviser involving services or products not approved by Pruco Securities or Prudential Securities. 21. Claim based upon, directly or indirectly arising out of, or in any way involving the use of or investment in any hedging investment vehicle whether it is registered or not with the Securities and Exchange Commission. 22. Claims based upon, directly or indirectly arising out of, or in any way involving any actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, growth or presence of Fungi or Microbes; or the actual, alleged or threatened failure to detect, report, test for, monitor, clean up, remove, contain, treat, detoxify, neutralize, remediate, dispose of or in any way respond to, assess the effects of or advise of the existence of any Fungi or Microbes. However, notwithstanding the foregoing, coverage is hereby extended to provide defense, subject to a limit of $250,000 per claim/$500,000 aggregate per Insured/$2,000,000 policy aggregate. 23. Claim based upon, directly or indirectly arising out of, or in any way involving the Insured s providing or participating, in fact, in a fictitious or collusive bid. 24. Claim based upon, directly or indirectly arising out of, or in any way involving the Insured s failure to disclose, in fact, to a client, as may be required by law of any applicable jurisdiction, any compensation the Insured receives from any third party in connection with Professional Services provided to such client. 9

10 25. The policy will have a Class Action Exclusion applicable to any Agent who resides in or whose place of business is located in New York. 10

11 III. WHAT TO DO IN THE EVENT OF A CLAIM 1. If there is a Claim or Potential Claim As soon as you are aware that any Claim has been made against you, or become aware of a potential claim that may be made against you in the future, notify CNA in writing at the address below: CNA Specialty Claim PO Box 8317 Chicago, IL Via CANEWCLAIMS@CNA.COM Phone No.: (800) or (212) Fax No.: (800) As indicated above, if you become aware of circumstances that may lead to a claim against you in the future, the potential claim should be reported to CNA at the above address. Please use the Claim Report Form to report claims to CNA. If you receive a lawsuit (Summons and Complaint or Notice of Arbitration Proceeding- Statement of Claim or a written demand for monetary damages), fax, , or overnight mail it immediately to CNA to the attention of Life Agent Notice Intake Administrator using the above contact information. There is certain information that should be available in order for the insurance company to evaluate and defend the claim made against you. You must retain all documents and information in any way related to the Claim. Do not voluntarily make payment, assume any obligation or incur any expense. If you do, your rights to coverage under the policy could be jeopardized, resulting in the denial of your claim. DO NOT ADMIT LIABILITY 2. Confidentiality of Claim Information In every case, once the situation has been identified as a claim, great care should be exercised to avoid any disclosures or discussions of the facts or information relating to the claim with anyone other than a representative of Aon, CNA or Prudential or the attorney assigned to handle your claim by your carrier. 11

12 IV. CLAIM REPORT FORM Name: Prudential Producers' Errors & Omissions Insurance Program Policy # (02/01/ /01/2014) Date: Prudential Producer Contract #: Agency Code: Business Address: Phone Number: 1. Do you have any other Errors and Omissions Insurance? If so, please provide: a. Company Name: b. Policy Number: c. Limits: 2. Please provide all of the following information relating to the product at issue: a. Company Name (If other than Prudential): b. Product Name: c. Policy Number: d. Policy Dates: 3. What type of product or business does the claim involve? Please indicate with x. Annuity: Fixed Variable Equity Indexed Disability Insurance: Employee Benefit Plan (group): Health Insurance: Life Insurance: Term Universal Whole Life Mutual Fund: P&C: Auto Home Other (please indicate) Securities: 401K: Other: 4. Who is making the claim against you? Verbal Written a. Name: b. Address: 5. Please attach the complaint (if a lawsuit or arbitration is brought against you) and/or any written demands or other written correspondence asserting a claim against you. 6. Send this report to: CNA Specialty Claim PO Box 8317, Chicago, IL Via CANEWCLAIMS@CNA.COM Via fax: (800) Do not discuss this matter with anyone other than your attorney or a representative of Aon, CNA, or Prudential. This is a claims made and reported insurance program and, subject to its provisions, applies only to any claim first made against an insured and reported to the insurer during the policy period. No coverage exists for claims first reported after the end of the policy period unless, and to the extent that, the extended reporting period applies. You must notify CNA of any claim made against you as soon as practicable. Defense costs reduce the limit of liability. It is the Producer's responsibility to report any claims to the carrier. 12

13 V. IMPORTANT TELEPHONE NUMBERS BILLING QUESTIONS and EVIDENCE OF COVERAGE: Aon Affinity Insurance Services 159 E County Line Road Hatboro, PA Phone: (866) (selection option #1) Fax : (877) Info@agents-eo.com COVERAGE QUESTIONS ON YOUR E&O PROGRAM: Aon Risk Services Northeast, Inc. 199 Water Street New York, NY (866) (selection option #2) (212) Contacts: Kristin Plater Kristin.Plater@Aon.com CLAIMS INFORMATION: CNA Pro (800) (212) Fax # (800) Contact: Marla Robbins 13

14 VI. REQUESTS FOR EVIDENCE OF INSURANCE Prudential Insurance Division CNA Policy # /01/ /01/2014 Send Request to: AON Affinity Insurance Services, Inc. (866) (option 1) Fax # (877) Info@agents-eo.com NAME: ADDRESS: CO. SPONSORING YOUR E&O: PRUDENTIAL FINANCIAL, INC. CONTRACT #: Agency Code: PHONE: FAX: SPECIAL INSTRUCTIONS: 14