National Union Fire Insurance Company of Pittsburgh, Pa. LAWYERS PROFESSIONAL LIABILITY RENEWAL APPLICATION

Transcription

1 National Union Fire Insurance Company of Pittsburgh, Pa. (herein called the Insurer ) LAWYERS PROFESSIONAL LIABILITY RENEWAL APPLICATION NOTICE THIS IS AN APPLICATION FOR INSURANCE WRITTEN ON A CLAIMS MADE BASIS. THEREFORE, ONLY CLAIMS WHICH ARE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD OR ANY EXTENDED REPORTING PERIOD AND REPORTED TO THE INSURER ARE COVERED, SUBJECT TO THE POLICY PROVISIONS. DEFENSE COSTS REDUCE AND MAY EXHAUST THE LIMITS OF LIABILITY. FURTHER NOTE THAT THE DEDUCTIBLE FOR THIS POLICY SHALL APPLY TO BOTH DAMAGES AND DEFENSE COSTS. PLEASE READ THE POLICY CAREFULLY AND DISCUSS THE COVERAGE WITH YOUR INSURANCE AGENT OR BROKER TO DETERMINE WHAT IS AND WHAT IS NOT COVERED. IF A POLICY IS ISSUED, THE APPLICATION WILL BECOME PART OF THE POLICY AS IF PHYSICALLY ATTACHED. THEREFORE, IT IS NECESSARY THAT ALL QUESTIONS BE ANSWERED ACCURATELY AND COMPLETELY. INSTRUCTIONS You, Your, Applicant or Firm refer individually and collectively to the Named Applicant or Insured, subsidiaries, persons, entities, and the authorized agent of all person(s) and entity(ies), proposed for this insurance. This Application and all supplements must be signed and dated by either (a) the Managing Partner or Managing Executive of the Applicant Firm or (b) the Principal, Business Manager or Risk Manager of the Applicant Firm. In the event You need more space to fully answer a question, please attach a separate sheet(s) to this Application with Your full answer and indicate the question number to which You are responding. Supplemental Applications must be completed as indicated. ALL SUPPLEMENTAL APPLICATIONS ARE AVAILABLE ON NSM S WEBSITE AT Name of Applicant Firm: GENERAL INFORMATION Business Structure: Solo Practitioner Individual attorney with employee attorney(s) Partnership P.A. P.C. L.L.C. L.L.P. Other Address of Applicant s Principal Office: Street: City: County: State: Zip code: address: Web Page Address: Telephone number: - - Facsimile number: - - Date firm was established: Does the firm have offices in other locations where you provide legal services? Yes No If YES, please complete BRANCH OFFICE AND AFFILIATE SUPPLEMENT Does the firm share office space, expenses, or staff with any other non-affiliated lawyers or law firms? Yes No If YES, please describe the arrangement, including signage and letterheads (01/13) 1 of 7

2 1. In the past 12 months or the next 12 months, will there be any changes for the following: Name or primary office address of Firm Yes No Web Page Address Yes No Telephone number or Facsimile number Yes No If YES, please update your contact information below: 2. In the past 12 months or the next 12 months, will there be or have there been any changes for the following: Office sharing with any non-affiliated law firm or attorneys? Yes No If you are a solo practitioner, changes in your designated back-up attorney? Yes No Firm s organizational structure Yes No If YES, please describe any changes below or attach separate sheet: 3. In the last 12 months or the next 12 months, has the Firm or will the Firm merge with or acquire another law firm or add any additional branch office locations? Yes No If YES, please complete BRANCH OFFICE AND AFFILIATE SUPPLEMENT LAWYERS AND STAFF 4. Please indicate the number of attorneys or staff who have joined or left the firm in the last 12 months. JOINED LEFT Partner/Principal/Member/Owners Employed Lawyers/Associates Of Counsel Other Staff: (specify) If you have indicated a new attorney hire or departure, please complete the NEW ATTORNEY SUPPLEMENT OR PROVIDE AN UPDATED FIRM ROSTER CLIENT INFORMATION 5. Has any client or former client of the firm filed for bankruptcy or is expected to file for bankruptcy? Yes No If YES, please complete the BANKRUPTCY SUPPLEMENT 6. Has any client represented more than 20% of the Firm s annual billings? Yes No If YES, please complete the following: NAME OF CLIENT TYPE OF SERVICE PROVIDED ANNUAL BILLINGS DATES OF SERVICE 7. Has the Firm taken on clients whose revenues or asset levels are over the following amounts?: High net worth individuals (more than $10 million in assets) Yes No Private or Public companies (more than $100 million in revenues) Yes No If YES, please complete the following: NAME OF CLIENT TYPE OF SERVICE PROVIDED ANNUAL BILLINGS DATES OF SERVICE (01/13) 2 of 7

3 FEES AND BILLING PROCEDURES 8. Annual Gross Revenues/Billings Projected for next year Current year Last year prior 9. Has the firm accepted any other form of payment other than legal fees for services rendered? Yes No If YES, please explain type of legal services provided and the alternative forms of payment accepted. 10. Has the Firm sued for fees, entered into arbitration, received any countersuits or sent outstanding client bills to a collection agency in order to collect fees? Yes No If YES, please complete FEE SUITS SUPPLEMENT 11. What percentage of the Firm s receivables are over 90 days past due? % AREA OF PRACTICE In the past 12 months or the next 12 months: 12. Has the Firm added a new Area of Practice or increased any one Area of Practice by more than 10%? Yes No If YES, please complete the AREA OF PRACTICE SUPPLEMENT 13. In the past 12 months, has any attorney in the Firm provided services in the following areas?: Collection/Repossession Yes No Investment Counseling/Money Mgmt Yes No Entertainment/Sports/Celebrity/Public Figure Yes No Mass Tort Litigation Yes No Plaintiff Yes No Estate/Trust /Probate/Wills Yes No Real Estate/Foreclosure/Title Yes No Financial Institutions/Banking Yes No Securities/Bonds Yes No Intellectual Property Yes No Taxation-Corporate and Individual Yes No For each YES, please fill out the SUPPLEMENTAL APPLICATION that matches the Area of Practice described above INTERNAL POLICIES AND PROCEDURES 14. Have there been any changes in the Firm s internal polices and procedures for the following Docket Control/Diary Systems Yes N New Lawyer Hiring/Training Yes No Engagement, Disengagement Letters Yes N Fee Collection Yes No Case Management Yes N Risk Management Yes No Conflict of Interest Yes N Firm Management Yes No If YES, please explain OUTSIDE INTERESTS 15. Has there been any change in the current or past attorneys of the Firm and their status as an officer, director, trustee, equity holder, or employee of a business entity other than the Firm? Yes No If YES, Please fill out OUTSIDE INTEREST SUPPLEMENT (01/13) 3 of 7

4 ATTORNEY CONDUCT NOTE: Answer the following questions only after making a reasonable and thorough inquiry of all attorneys in the Firm: 16. Has any current or former attorney of yours: a. been refused admission to practice or disbarred? Yes No b. the subject of a bar complaint, disciplinary action, censure, or sanction? Yes No c. been fined or held in contempt by any court? Yes No If YES, please explain CLAIMS OR INCIDENTS 17. Since the submission date of the last Application submitted to the Insurer, has there been any change in the status of any Claim, suit, circumstance, allegation, or contention previously reported under a lawyers professional liability insurance policy issued by the Insurer or any other lawyer s professional liability insurance policy? Yes No 18. After inquiry, has the Named Insured or any attorneys to be insured under this policy been the subject of a professional liability claim or suit in the past 12 months, or have knowledge or information of any fact, circumstance, actual or alleged act, error, or omission or breach of duty which may reasonably be expected to give rise to a professional liability the claim(s) under the proposed policy that has not already been reported under any other policy? Yes No If YES to any of the above, please complete INCIDENTS AND CLAIMS SUPPLEMENT BEFORE YOU SIGN THIS APPLICATION, READ THESE NOTICES CAREFULLY AND DISCUSS WITH YOUR BROKER IF YOU HAVE ANY QUESTIONS. IMPORTANT NOTICE IN GRANTING COVERAGE TO ANY OF THE INSUREDS, THE INSURER HAS RELIED UPON THE DECLARATIONS AND STATEMENTS IN THIS APPLICATION FOR COVERAGE. ALL SUCH DECLARATIONS AND STATEMENTS ARE THE BASIS OF COVERAGE AND SHALL BE CONSIDERED INCORPORATED IN AND CONSTITUTING PART OF THE POLICY SHOULD ONE BE ISSUED. ALL WRITTEN STATEMENTS AND MATERIALS FURNISHED TO THE COMPANY AND SUBMITTED IN CONJUNCTION WITH THIS APPLICATION ARE HEREBY INCORPORATED BY REFERENCE INTO THIS APPLICATION AND MADE A PART HEREOF. NOTHING CONTAINED HEREIN OR INCORPORATED HEREIN BY REFERENCE SHALL CONSTITUTE NOTICE OF A CLAIM OR POTENTIAL CLAIM SO AS TO TRIGGER COVERAGE UNDER ANY CONTRACT OF INSURANCE. THIS APPLICATION DOES NOT BIND THE APPLICANT TO BUY, OR THE COMPANY TO ISSUE THE INSURANCE, BUT IT IS AGREED THAT THIS FORM SHALL BE THE BASIS OF THE CONTRACT AND SHOULD A POLICY BE ISSUED, IT WILL BE ATTACHED TO AND MADE A PART OF THE POLICY. THE UNDERSIGNED APPLICANT DECLARES THAT THE STATEMENTS SET FORTH IN THIS APPLICATION ARE TRUE. THE APPLICANT FURTHER DECLARES THAT IF THE INFORMATION SUPPLIED ON THIS APPLICATION CHANGES BETWEEN THE DATE OF THIS APPLICATION AND THE EFFECTIVE DATE OF THE POLICY, SHOULD A POLICY BE ISSUED, THE APPLICANT WILL IMMEDIATELY NOTIFY THE COMPANY OF SUCH CHANGES, AND THE COMPANY MAY WITHDRAW OR MODIFY ANY OUTSTANDING QUOTATIONS AND/OR AUTHORIZATIONS OR AGREEMENT TO BIND THIS INSURANCE. IF AND WHEN A POLICY IS ISSUED, THIS APPLICATION IS ATTACHED TO AND MADE A PART OF THE POLICY, SO IT IS NECESSARY THAT ALL QUESTIONS BE ANSWERED IN DETAIL. THE APPLICANT HEREBY ACKNOWLEDGES THAT HE/SHE IS AWARE THAT BY SIGNING BELOW WHERE INDICATED, THIS SIGNED STATEMENT WILL BE ATTACHED TO THE POLICY (01/13) 4 of 7

5 STATE FRAUD WARNINGS NOTICE TO APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY NOTICE TO APPLICANTS: 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 ACT, WHICH IS A CRIME AND MAY SUBJECT SUCH PERSON TO CRIMINAL AND CIVIL PENALTIES. NOTICE TO ALABAMA APPLICANTS: ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR WHO KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO RESTITUTION FINES OR CONFINEMENT IN PRISON, OR ANY COMBINATION THEREOF. NOTICE TO ARKANSAS, NEW MEXICO AND WEST VIRGINIA APPLICANTS: ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT, OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN PRISON. NOTICE TO COLORADO APPLICANTS: IT IS UNLAWFUL TO KNOWINGLY PROVIDE FALSE, INCOMPLETE, OR MISLEADING FACTS OR INFORMATION TO AN INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING TO DEFRAUD THE COMPANY. PENALTIES MAY INCLUDE IMPRISONMENT, FINES, DENIAL OF INSURANCE, AND CIVIL DAMAGES. ANY INSURANCE COMPANY OR AGENT OF AN INSURANCE COMPANY WHO KNOWINGLY PROVIDES FALSE, INCOMPLETE, OR MISLEADING FACTS OR INFORMATION TO A POLICYHOLDER OR CLAIMANT FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING TO DEFRAUD THE POLICYHOLDER OR CLAIMANT WITH REGARD TO A SETTLEMENT OR AWARD PAYABLE FROM INSURANCE PROCEEDS SHALL BE REPORTED TO THE COLORADO DIVISION OF INSURANCE WITHIN THE DEPARTMENT OF REGULATORY AUTHORITIES. NOTICE TO DISTRICT OF COLUMBIA APPLICANTS: WARNING: IT IS A CRIME TO PROVIDE FALSE OR MISLEADING INFORMATION TO AN INSURER FOR THE PURPOSE OF DEFRAUDING THE INSURER OR ANY OTHER PERSON. PENALTIES INCLUDE IMPRISONMENT AND/OR FINES. IN ADDITION, AN INSURER MAY DENY INSURANCE BENEFITS IF FALSE INFORMATION MATERIALLY RELATED TO A CLAIM WAS PROVIDED BY THE APPLICANT. NOTICE TO FLORIDA APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD, OR DECEIVE ANY INSURER FILES A STATEMENT OF CLAIM OR AN APPLICATION CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION IS GUILTY OF A FELONY OF THE THIRD DEGREE. NOTICE TO KANSAS APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD, PRESENTS, CAUSES TO BE PRESENTED OR PREPARED WITH KNOWLEDGE OR BELIEF THAT IT WILL BE PRESENTED TO OR BY AN INSURER, PURPORTED INSURER, BROKER OR ANY AGENT THEREOF, ANY WRITTEN STATEMENT AS PART OF, OR IN SUPPORT OF, AN APPLICATION FOR THE ISSUANCE OF, OR THE RATING OF AN INSURANCE POLICY FOR PERSONAL OR COMMERCIAL INSURANCE, OR A CLAIM FOR PAYMENT OR OTHER BENEFIT PURSUANT TO AN INSURANCE POLICY FOR COMMERCIAL OR PERSONAL INSURANCE WHICH SUCH PERSON KNOWS TO CONTAIN MATERIAL FALSE INFORMATION CONCERNING ANY FACT MATERIAL THERETO; OR CONCEALS, FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT. NOTICE TO KENTUCKY APPLICANTS: 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 (01/13) 5 of 7

6 NOTICE TO LOUISIANA APPLICANTS: ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN PRISON. NOTICE TO MAINE APPLICANTS: IT IS A CRIME TO KNOWINGLY PROVIDE FALSE, INCOMPLETE OR MISLEADING INFORMATION TO AN INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING THE COMPANY. PENALTIES MAY INCLUDE IMPRISONMENT, FINES OR A DENIAL OF INSURANCE BENEFITS. NOTICE TO MARYLAND APPLICANTS: ANY PERSON WHO KNOWINGLY OR WILLFULLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR WHO KNOWINGLY OR WILLFULLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN PRISON. NOTICE TO MINNESOTA APPLICANTS: A PERSON WHO FILES A CLAIM WITH INTENT TO DEFRAUD OR HELPS COMMIT A FRAUD AGAINST AN INSURER IS GUILTY OF A CRIME. NOTICE TO NEW JERSEY APPLICANTS: ANY PERSON WHO INCLUDES ANY FALSE OR MISLEADING INFORMATION ON AN APPLICATION FOR AN INSURANCE POLICY IS SUBJECT TO CRIMINAL AND CIVIL PENALTIES. NOTICE TO NEW YORK APPLICANTS: 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 SHALL ALSO BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS AND THE STATED VALUE OF THE CLAIM FOR EACH SUCH VIOLATION. NOTICE TO OHIO APPLICANTS: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. NOTICE TO OKLAHOMA APPLICANTS: WARNING: ANY PERSON WHO KNOWINGLY, AND WITH INTENT TO INJURE, DEFRAUD OR DECEIVE ANY INSURER, MAKES ANY CLAIM FOR THE PROCEEDS OF AN INSURANCE POLICY CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION IS GUILTY OF A FELONY (365: , ). NOTICE TO OREGON APPLICANTS: 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, MAY BE GUILTY OF A FRAUDULENT ACT, WHICH MAY BE A CRIME AND MAY SUBJECT SUCH PERSON TO CRIMINAL AND CIVIL PENALTIES. NOTICE TO PENNSYLVANIA APPLICANTS: 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. NOTICE TO TENNESSEE, VIRGINIA AND WASHINGTON APPLICANTS: IT IS A CRIME TO KNOWINGLY PROVIDE FALSE, INCOMPLETE OR MISLEADING INFORMATION TO AN INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING THE COMPANY. PENALTIES INCLUDE IMPRISONMENT, FINES AND DENIAL OF INSURANCE BENEFITS (01/13) 6 of 7

7 NOTICE TO VERMONT APPLICANTS: ANY PERSON WHO KNOWINGLY PRESENTS A FALSE STATEMENT IN AN APPLICATION FOR INSURANCE MAY BE GUILTY OF A CRIMINAL OFFENSE AND SUBJECT TO PENALTIES UNDER STATE LAW. Signature of Owner, Partner, Member, Principal, or Officer Authorized to Sign as Applicant Applicant s Printed Name: Title: Date: Agent/Producer Name: License #: (01/13) 7 of 7