Application for Claims-Made Professional Liability Insurance Coverage
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- Sara McKinney
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1 Application for Claims-Made Professional Liability Insurance Coverage Your acceptance is subject to Underwriter s approval. All questions must be answered. Please attach additional sheets for comments and explanations to questions asked where the answer cannot be fully addressed on this application form. The term Applicant, as used herein, refers to the person or entity applying for coverage and proposed to be covered under the policy, if issued, as the First Named Insured. Applicant shall also mean any other person or entity applying for coverage as a Named Insured. We recommend this application be submitted electronically. If you are unable to do so, please print and scan the document and save to your hard drive both before and after completing. Please utilize Adobe Acrobat Reader 8.0 or higher, which is available at no cost at Requested Effective Date: 1. Applicant Entity Name/First Named Insured: [for each additional entity request, complete the Additional Entity Supplemental Application] Physical Street Address: City: County: State: Zip Code: Mailing Address: City: State: Zip Code: Website address: 2. Contact Person: Phone: 3. Is Applicant an IIABA State affiliate member? Yes No 4. Entity Type: Sole Proprietorship Corporation LLC Partnership LLP 5. Date entity established: [If less than 3 years, the owners resumes and business plan are required] 6. Has the Applicant had any of the following occur within the last 5 years? Yes [If yes, the Mergers, Acquisitions and Clusters Supplemental Application, must be completed]: No Name Change Ownership change Acquisition Merger Cluster arrangement 7. Is the Applicant owned or controlled by another entity? Yes No If yes, please answer the questions below: a. Name of entity: Type: % of ownership: b. Percentage of Applicant revenue derived from insurance placements where a parent or affiliated company is the client % 8. Is office space shared with another agency or do you provide business processing services for another agency? Yes No If yes, provide the name of the agency: [If providing business processing services for another agency, please attach proof of their E&O coverage] 9. Do you outsource any agency function overseas such as policy, endorsement or certificate review or issuance? Yes No If yes, provide details: 1.
2 10. Provide current and prior Insurance Agents Errors & Omissions Liability policy history for the past 5 years below: Insurance Carrier Effective Date Policy Limit/Aggregate Deductible Annual Premium Retro Date Attach copy of current E&O policy Declarations Page 11. Limits of Liability options requested that are different from the current policy: $ Per Claim $ Aggregate 12. Deductible options requested that are different from the current policy: $ 13. What type of Deductible do you have on your current policy? Damages & Defense Damages Only [First Dollar] 14. Is optional coverage for Employment Practices Liability being requested? Yes No [If yes, the Employment Practices Liability Endorsement Supplemental Application must be completed] 15. Total Premium Volume for the past fiscal year for ALL locations: $ Estimated next 12 months: $ 16. Total Revenue for ALL locations: $ [Revenue is all sources of income with the exception of earnings from premium finance contracts, investment income, and profit sharing bonuses received from insurance companies] Property & Casualty Past fiscal year: $ Estimated next 12 months: $ Life/Accident & Health Past fiscal year: $ Estimated next 12 months: $ Other Past fiscal year: $ Estimated next 12 months: $ 17. List nonresident licenses held: 18. Number of locations: If more than one, complete the following: Location 1 - Principal Address City County & State Revenue Total Staff 2.
3 19. Indicate total staff for all locations below: [Staff members should only be counted once]. Full Time Part Time Licensed Owners & Officers Licensed Employed Producers Independent Contractor Producers Exclusive to the Agency Independent Contractor Producers Not Exclusive to the Agency Licensed Customer Service Unlicensed Customer Service with Client Contact Other Unlicensed Staff Total 20. For those indicated in #19 above, how many are licensed to sell Life/Accident & Health Products: 21. For those indicated in #19 above provide the following: a. P&C Insurance agency experience that is less than 3 years: % 3-5 years % More than 5 years % b. Percent that have completed insurance designations such as CPCU, CIC, ARM, RPLU, etc. % c. Turnover rate over the past 3 years: % [To calculate, divide the number of staff that have left over the last 3 years by the average number of staff over the last 3 years. Example: Average staff count over the last 3 years is people left the agency in the last 3 years. 2 divided by10 is 20%]. 22. What percentage of the applicant s ownership or management staff has attended Loss Prevention Seminars in the past 12 month period up to 30 days after policy effective date? % Attach Seminar Certificates If yes, attach documentation of completion. 23. List the top 5 insurance carriers or other insuring entities where insurance coverage is placed. Insuring entities include self-insured groups, state insurance plans, PEO s, etc: Binding Authority Insurance Carrier/Insuring Entity Annual Premium Volume Yes No A. M. Best s Rating Admitted Nonadmitted Does Not Apply 3.
4 24. Indicate the distribution for the following types of placements: [Responses MUST equal 100%] Admitted: % Nonadmitted: % State Insurance Plans: (Examples: JUAs, Fair Plans, State Workers Comp Plans, State Earthquake and Wind Plans) % Self-Insured Groups: (Examples: Trusts, pubic entity pools, captives) % PEOs: [If conducting business with a PEO, the PEO Referral Supplemental Application must be completed] % Total: 100 % 25. Indicate the percentage of placements by A.M. Best Rating: [Responses MUST equal 100%] Rated B+ or better: % Rated less than B+: % Does not have an A.M. Best Rating: % Total: 100 % 26. Indicate the percentage of placements: [Responses MUST equal 100%] By the Applicant direct to the carrier/insuring entity: % By the Applicant through a Managing General Agent (MGA): % By the Applicant through a Surplus Lines Broker, wholesaler or other broker: % As a Managing General Agent: % As a Surplus Lines Broker or wholesaler: % Other Explain: % Total: 100% 27. What is the total number of MGAs, Surplus Lines Brokers, wholesalers and other brokers the agency places business through: 28. Indicate the percentage of billing placements: Direct bill of policyholders by the insurance company/risk bearing entity: % Agency bill basis: % Total 100% 29. What percentage of your clients have physical locations outside of the U.S. (not including U.S. territories, Puerto Rico or Canada)? % 30. Is the Applicant involved in the creation, formation, operation and/or administration of any of the following: Alternative Risk Transfer Arrangements (ART), Captive Plans or Arrangements, Risk Retention Groups, Risk Purchasing Groups, Professional Employer Organizations (PEOs), Self-Insured Trusts, Multiple Employer Trusts (METs) or Multiple Employer Welfare Arrangements (MEWAs)? Yes No If yes, attach a detailed explanation. 31. What percentage of your business is placed for building contractors and construction risks? % 4.
5 32. Provide revenue distribution by your sales activities and services provided: [All columns combined MUST total 100%] Column A Commercial and Casualty Column B Personal Property and Casualty Column C Life, Accident and Health Column D Financial Products: Annuities, Mutual Funds, Variable Products and Securities* Column E Other Services % Standard Property/Fire % Auto Standard % Life Individual % Variable Life % Nonstandard Property/ Fire % Auto Nonstandard and Assigned Risk Plans % Life Group % Mutual Funds Annuities: % Reinsurance Intermediary % Third Party Administrator Workers Compensation* % SMP, BOP, Package % CGL % Homeowners and Standard Fire % Fire - Nonstandard and Fair Plans % Excess & Umbrella % Pleasure Craft Transportation: % A&H Individual % Equity Indexed % Fixed % Variable % Employee Benefits Administration* % A&H Group: Fully Insured [Including HMO/ PPO] % Securities [stocks] % Actuarial Services % A&H Group: Partially Insured or Self Insured* % Auto Standard % Auto - Nonstandard % Long Haul Trucking % Other Trucking % Livery % Umbrella % Long Term Care % Bonds % Real Estate, Escrow, Mortgage Broker, Title Agent % Claims Adjusting Services* % Workers Compensation % Flood, Wind, Earthquake % Loss Control/ Risk Management % Crop Coverage* % Medical Malpractice % Professional Liability (nonmedical): D&O, E&O, EPLI, etc. % Wet Marine % Inland Marine % Bonds Surety* % Bonds All Other* % Aviation % Oil, Gas, Petrochemical % Hazardous Materials Pollution, Environmental Liability % Flood, Wind, DIC, Earthquake % Consulting Fee Based % Premium Financing for Others % Subtotal Column A % Subtotal Column B % Subtotal Column C % Subtotal Column D % Subtotal Column E *Complete Supplemental Form 100% Total All Columns 5.
6 33. Answer the following questions regarding your agency s office procedures: a. Are all notes, correspondence and important phone conversations with clients, underwriters and others, dated and retained? Yes No b. Does the agency consistently use a diary system? Yes No If yes, is it: automated manual c. Does the agency have an Agency Management System? Yes No If yes, which one do you use? When was it last upgraded? d. If multiple locations, are the same procedures, systems and controls the same for all offices? Yes No If no, please explain: e. Are expiration lists maintained and reviewed on all accounts? Yes No f. Does the agency use a checklist or other formalized coverage analysis to assist in the evaluation of your client s exposures and insurance requirements? Yes No g. If coverage is quoted with a company or other insuring entity that is either unrated or has less than a B+ rating from A.M. Best, does the agency use a disclaimer? Yes No h. Does the agency have a procedure to notify policyholders of negative carrier rating changes or other adverse developments involving those entities where you have placed their business? Yes No i. If coverage provided is more restrictive than the client s prior coverage or from what the client requested, does the agency obtain a signed acknowledgement from the client? Yes No j. Are umbrella/excess policies reviewed to be certain they are consistent with primary policy terms and conditions? Yes No k. Are certificates of insurance reviewed to be certain they are consistent with the policy terms and conditions? Yes No l. Are policies and endorsements checked against expiring policies, the application, and other client requests for correctness prior to delivery to your clients? Yes No m. Does the agency have a procedure for the prompt reporting of claims? Yes No 34. Please provide an answer to the following questions regarding your agency s history: a. Has any policy or application for Insurance Agents Errors & Omissions insurance on behalf of the Applicant or its predecessors in business, ever been declined, cancelled or refused renewal? [This question is not applicable in Missouri] Yes No If yes, please explain: b. During the past 5 years, has the Applicant made an adjustment or goodwill payment in settlement of any dispute? [If yes, attach a detailed explanation] Yes No c. Has any principal, director, officer, manager, member, partner, employee or agent of the Applicant ever been subject to a complaint, reprimand or disciplinary or criminal action by Federal, State or local authorities as a result of their professional services activities? [If yes, attach a detailed explanation] Yes No d. Does the Applicant or any principal, director, officer, manager, member, partner, employee or agent of the applicant proposed for coverage have knowledge of or information concerning any fact, circumstance, situation, act, error or omission which might reasonably be expected to give rise to a claim? [If yes, attach a detailed explanation] Yes No 6.
7 e. During the past 5 years, have any claims, suits, proceedings or claims for damages been made against the Applicant or any proposed insured? [If yes, the Claim Information Supplemental Application must be completed] Yes No NOTE: Provide current copy of the applicant s insurance agents errors and omissions carrier loss runs for the past 5 years. The loss runs should be dated within the past 60 days. It is agreed that if any applicant or director, officer, manager, member, partner or employee or agent of the applicant proposed for coverage has knowledge of any information concerning any such fact, circumstance, situation, act, error or omission, whether or not identified in response to Question 35.d. or 35.e., any claim arising therefrom is hereby excluded from coverage under the policy, if issued. It is hereby agreed that the information provided above is true and correct, and is material in deciding whether to issue the above coverage or coverages to the Applicant. This supplemental application must be signed and dated by the owner, partner or a senior officer of the Named Insured. Must be signed and dated by owner, partner or senior officer. Name: Signature: [Print Name] [Must be signed by Owner, Partner or Senior Officer] Title: Date: [Print Title] [Month/Day/Year] Fraud Warning Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance 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 (In Oregon, the aforementioned actions may constitute a fraudulent insurance act which may be a crime and may subject the person to penalties). (In New York, the civil penalty is not to exceed five thousand dollars ($5,000) and the stated value of the claim for each such violation). [Not applicable in AL, AR, AZ, CO, DC, FL, HI, ID, KS, LA, ME, MD, MN, NM, NJ, OH, OK, PR, RI, TN, UT, VA, VT, WA and WV per attached form ]. Additional Application Information: a-3-13
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