United National Insurance Company United National Specialty Insurance Company Penn-Star Insurance Company A Stock Company Bala Cynwyd, PA Administrative Offices: Three Bala Plaza East, Suite 300 Bala Cynwyd, PA 19004 ANALYTICAL TESTING LABORATORY ERRORS AND OMISSIONS INSURANCE APPLICATION CLAIMS MADE POLICY THIS IS AN APPLICATION FOR A POLICY THAT PROVIDES COVERAGE ON A CLAIMS MADE AND REPORTED BASIS: EXCEPT TO SUCH EXTENT AS MAY BE PROVIDED OTHERWISE IN THE POLICY, THE COVERAGE OF THE POLICY FOR WHICH APPLICATION IS BEING MADE IS LIMITED TO ONLY THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED AND REPORTED TO THE INSURANCE COMPANY WHILE THE POLICY IS IN FORCE. THE LIMITS OF INSURANCE INCLUDE BOTH DAMAGES AND CLAIMS EXPENSES. IF THERE ARE ANY QUESTIONS, PLEASE CONSULT WITH YOUR AGENT, BROKER OR ATTORNEY. 1. Contact Information: Name of Applicant: Street Address: Mailing Address: City: State: Zip: Phone: Fax: Cell: Email: Website Address: 2. Provide the Address(es) of all Branch Office(s) and/or subsidiaries. Describe their operations and indicate if coverage is desired. For multiple branches and/or subsidiaries, please attach additional sheets. Branch Office/Subsidiary: Description of Operations: Street Address: Mailing Address: City: State: Zip: Phone: Fax: 3. Date Established: 4. The Applicant is: Individual Partnership Corporation Other:. 5. Is the Applicant owned, controlled or affiliated with another entity? YES NO If Yes, provide full details below. 6. Provide the number of the Applicant s Staff broken down into the following categories: a. Principals, Partners or Officers a. b. Professional Staff b. c. Other Employees (Secretaries, Clerks etc.) c. Full Time Part Time APA-255(03/2011) Page 1 of 8
7. a. Provide the following information on all principals, key employees, and subcontractors: No. Years Professional Time with Full Name Experience Qualifications Applicant b. If the business is not more than TWO years old, attach resumes of the principals, key employees and subcontractors. 8. a. Provide estimated gross receipts for the NEXT fiscal year; Gross Receipts $ b. Provide gross receipts for the current year and the past TWO years. 20 $ 20 $ 20 $ 9. Provide the names of the THREE largest clients. Client Name 1. 2. 3. 10. a. Provide the percentage of the following non-environmental testing performed: % 1. Mechanical; 1. 2. Construction Materials; 2. 3. Forensic; 3. 4. Chemical; 4. 5. Biological; 5. 6. Product; 6. 7. Other 7. Total 100% b. If any product safety analysis or evaluation is performed, Provide the products tested and the customers. Product Customer 1. 2. 3.. APA-255(03/2011) Page 2 of 8
11. Provide the percentage of the following environmental testing performed: % a. Soil Analysis or Water Analysis; a. b. Air Quality Analysis; b. c. Asbestos Analysis; c. d. Hazardous Waste Analysis; d. e. Landfill Site Analysis; e. f. Other f. Total 100% 12. Provide sample copies of the following: a. Brochures describing the Applicant s firm; b. The Applicant s letterhead. 14. a. Does the Applicant s company name appear on other companies labels as a certification or approval of the product? YES NO b. If Yes, Provide full details of the product(s) involved and the contractual agreements. 15. a. Is a formal Quality Control or Quality Assurance program in effect? YES NO b. If Yes, attach a copy of the program. 16. a. Is a Records Retention program in effect? YES NO b. If Yes, describe the storage or backup systems used to assure protection of same. 17. a. Is a Loss Prevention program in effect? YES NO b. If Yes, attach a copy of the program. 18. a. Does the Applicant or any subcontractor of the Applicant gather samples to be tested? YES NO 19. a. Does the Applicant provide consulting services? YES NO 20. a. Is any work performed outside of the laboratory? YES NO 21. a. Does the Applicant make recommendations of any kind? YES NO 22. a. Provide the following information about the general liability insurance carried by the Applicant: Insurance Co. Policy Limit Expiration Date $ b. Does the general liability insurance include personal injury coverage? YES NO APA-255(03/2011) Page 3 of 8
23. a. Does the Applicant, officers, or directors or their spouses have an ownership interest in any project for which any professional services are being or are to be rendered by the Applicant? YES NO 24. a. Is the Applicant engaged in any other business or profession, or employed by any other firm, full or part-time? YES NO 25. a. During the past FIVE years has the name of the Applicant been changed or has any other business been purchased, merged or consolidated with the Applicant? YES NO 26. a. Has the named Applicant had errors and omissions insurance previously; either under their existing name, or that of any predecessor in business? YES NO b. If Yes, Provide full details of errors and omissions coverage for the last THREE years. Limits of Insurer Policy No. Insurance Deductible Premium Policy Period $ $ $ c. Is the Applicant s expiring policy a CLAIMS MADE policy? YES NO d. If Yes, Provide the retroactive date and attach a copy of the expiring policy. 27. a. Has any application for this type of insurance made by the Applicant or their predecessors in business ever been declined, or has similar insurance ever been canceled, non-renewed, refused, or had special terms imposed? YES NO 28. a. Has any Claim been made during the last FIVE years against the Applicant, any of their past or present owners, officers, partners, directors, or employees, either individually or otherwise on account of errors and omissions? YES NO b. If Yes, Provide the following: (1) Date the Claim was made; (1) (2) Name of the Claimant; (2) (3) Value of the Claim; (3) (4) If the Claim is settled or outstanding; (4) (5) Amount of the settlement; (5) (6) Brief Description. (6) 29. a. Is the Applicant aware of any circumstances, or any allegation or contentions, as to any incident which may result in a Claim being made against the Applicant or any past or present owners, partners, officers, employees, or predecessors in business? YES NO APA-255(03/2011) Page 4 of 8
b. If Yes, Provide the following: (1) Date the Applicant first became aware of any such alleged negligent act, error or omission; (1) (2) Name of the potential Claimant; (2) (3) Estimated value; (3) (4) Brief description. (4) 30. a. Has the Applicant ever paid an uninsured loss out of its own funds? YES NO b. If Yes, provide full details. Use the Additional Information page for multiple losses. (1) Date the Applicant first became aware of the loss; (1) (2) Name of the Claimant; (2) (3) The amount paid; (3) (4) Brief description. (4) 31. a. Limit of Liability required? $ (Each Claim /Aggregate) b. Amount of deductible required? $ Notice to Applicant Please carefully read the following: ARKANSAS FRAUD STATEMENT - Any person who knowingly presents a false or fraudulent claim for payment of a Ioss 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. COLORADO FRAUD STATEMENT - 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 Agencies. DISTRICT OF COLUMBIA FRAUD STATEMENT - 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. FLORIDA FRAUD STATEMENT - Any person who knowingly and with intent to injure, defraud, or deceive any insurance company files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree. KENTUCKY FRAUD STATEMENT - 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. LOUISIANA FRAUD STATEMENT 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. APA-255(03/2011) Page 5 of 8
MAINE FRAUD STATEMENT - 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. MARYLAND FRAUD STATEMENT - Any person who knowingly and willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly and willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. NEW JERSEY FRAUD STATEMENT Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. NEW MEXICO FRAUD STATEMENT - 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 civil fines and criminal penalties. NEW YORK FRAUD STATEMENT 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. OHIO FRAUD STATEMENT - 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. OKLAHOMA FRAUD STATEMENT 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. PENNSYLVANIA FRAUD STATEMENT - 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. RHODE ISLAND FRAUD STATEMENT Any person who knowingly presents a false or fraudulent claim for a payment of 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. TENNESSEE, VIRGINIA, WASHINGTON FRAUD STATEMENT - 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. VERMONT FRAUD STATEMENT 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. FRAUD STATEMENT (All other states) - 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. I understand and agree that this Application and any and all supplements attached hereto may be made a part of any policy issued, and any such policy will be issued in reliance upon the representations made herein. I further understand and agree that failure to provide a true and accurate response to the foregoing questions may, at the option of the Company, result in the voiding of insurance issued in reliance on this Application and/or denial of claims under any policy issued. APA-255(03/2011) Page 6 of 8
I authorize and consent to investigations of information bearing upon moral character, professional reputation and fitness to engage in the activities of my business including authorization to every person or entity, public or private, to release to the Company providing insurance coverage and its affiliates and its affiliated partners and their employees any documents, records or other information bearing upon the foregoing. I understand and agree these investigations will not be confined to information submitted in this Application, but will include any other sources of information deemed relevant by the Company as may be authorized by law. Applicant and all owners, employees, and contractors are licensed or duly authorized in all states or jurisdictions where professional services are provided. Applicant warrants the truth of all answers to the above questions, and that Applicant has not withheld any information which is calculated to influence the judgment of the Company in considering this Application. IMPORTANT: THIS APPLICATION MUST BE SIGNED BY THE APPLICANT. SIGNING THIS FORM DOES NOT BIND THE COMPANY TO COMPLETE THE INSURANCE. Applicant Signature: Print Name: Title: Authorized Representative Date: 20 APA-255(03/2011) Page 7 of 8
ADDITIONAL INFORMATION Please use this page to provide the additional information requested to any question on this application. Specify each question to which you refer. Signature Date APA-255(03/2011) Page 8 of 8