Reporting A Claim Under A Claims Made and Reported Policy

Most professionals know to protect themselves and their clients with the purchase of a professional liability insurance policy, commonly referred to as an E&O policy.  What most professionals don’t know or don’t care to know, is when and how to properly report a claim or potential claim to their insurance carrier.

Initially, the most important issue when reporting a claim is the timing of the notice to the carrier.  All carriers have different reporting requirements but most state that the claim or potential claim must be reported to the carrier in the policy period YOU first become aware of the claim or potential claim.  Some carriers are even more restrictive and will use the term “immediately report” or “as soon as possible after first becoming aware of the claim.”  No matter the wording in the policy, the timing of the notice to the carrier is absolutely vital to the claim being covered under the policy.  A delay in reporting the claim or potential claim to the carrier can lead to a declination of coverage due to “late reporting.”  Late reporting is a term no insured wants to hear in a claim situation.  Do not fall into the trap of thinking it will just go away, or hold off on reporting for fear that your premium will increase.  Providing professional services for others unfortunately will give rise to a claim or potential claim.  These must be dealt with immediately.

All carriers have slightly different policy wording with regard to the timing of claim reporting.  The best way to reduce the possibility of a declination due to late reporting is to report the claim as soon as you first become aware of the claim or potential claim.  Regardless of “how much time” the policy provides, immediate reporting of the issue to the carrier will be viewed as favorable by the carrier and the claims personnel.  It may even provide a good night sleep for you!

Value of Broker Services for Professional Liability Insurance

As an insurance professional for more than 25 years, It never ceases to amaze me how commoditized the professional liability insurance marketplace has become.  The coverage is not that simple but yet many professionals purchase the policy on line directly from the carrier without the assistance of a broker.  No consideration is given to policy form, prior acts coverage, limits, deductible or the many ancillary coverages available.  No value is given to the broker services.  I don’t understand this as brokers provide valuable services: policy comparisons, concise explanations, proposal/carrier options and risk management services.

As an insurance agent and the owner of a small business, I understand and can relate to cost cutting measures and getting the best “deal” possible.  I have seen clients change carriers/programs/brokers for a  $50 savings of annual premium and little or no regard to the coverage or broker services lost!  Does that make sense to you?

I don’t believe that the purchase of insurance, especially one that protects a professional’s reputation can be all about the money.  Don’t get me wrong, the money issue is very important however neglecting the coverage issue and broker services can be devastating at claim time.