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DISCLOSURE
FORM
CLAIMS-MADE POLICY
IMPORTANT NOTICE TO POLICYHOLDER
THIS DISCLOSURE FORM
IS NOT PART OF YOUR POLICY. IT MERELY DESCRIBES SOME OF THE MAJOR FEATURES
OF OUR CLAIMS-MADE POLICY FORM. READ YOUR POLICY CAREFULLY TO DETERMINE
RIGHTS, DUTIES, AND WHAT IS AND IS NOT COVERED. ONLY THE PROVISIONS OF
YOUR POLICY DETERMINE THE SCOPE OF YOUR INSURANCE PROTECTION.
Your policy is a claims-made
policy. It applies to things that occur after the retroactive date or
prior acts exclusion date (if any) in the policy, and before the end of
the policy period. It applies only to claims first made against the Insured
and reported in writing to us after the inception date and before the
end of the policy period. Upon termination of your policy, an “extended
reporting period” or “discovery period” may be available,
for an additional premium.
OCCURRENCE VS.
CLAIMS-MADE
There is
no difference in the kinds of events covered by either an “occurrence”
policy or a “claims-made” policy. Claims for damages may be
assigned to different policy periods, however, depending on which policy
you have purchased.
In “occurrence”
policies coverage is provided for liability because of damage or event
THAT OCCUR DURING THE POLICY PERIOD, no matter when the claim is
made.
In your “claims-made”
policy, coverage is provided for liability IF THE CLAIM OR DAMAGES
IS FIRST MADE AGAINST THE INSURED AND REPORTED TO US IN WRITING DURING
THE POLICY PERIOD.
PRINCIPAL BENEFITS
The principal
benefits and coverages are explained in detail in your claims-made policy.
Please read it carefully and consult your insurance agent or broker or
other professional insurance advisor about any questions you might have.
EXCEPTIONS, REDUCTIONS
AND LIMITATIONS
Your claims-made
policy contains certain exception, reductions and limitations. Please
read them carefully and consult your insurance agent or broker or other
professional insurance advisor about any questions you might have.
RENEWALS, TAILS
AND EXTENDED REPORTING PERIODS
Your claims-made policy has some unique features relating to renewal,
extended reporting periods, and coverage of occurrences with long periods
of exposure. These special claims-made provisions are described below:
Special “Claims-Made”
Provisions
Two concepts relating to continuity of coverage under the “claims-made”
policy - and the pertinent policy provisions - are especially important
to understand.
These involve 1) the
Retroactive Date or Prior Acts Exclusion Date and 2) the Extended Reporting
Period or Discovery Period.
Retroactive Date/Prior
Acts Exclusion Date/”Nose” Coverage
Some people
call coverage for things that happened prior to the beginning of the policy
period “nose” coverage. If your policy has a retroactive date
feature or an exclusion or other wording deleting coverage entirely for
things that happened before a certain date (a prior acts exclusion), then
your “nose” coverage is limited (or non-existent) and THERE
IS NO COVERAGE FOR THINGS THAT HAPPENED PRIOR TO THAT DATE, NO MATTER
WHEN THE INJURY OR DAMAGE OCCURS OR WHEN CLAIM IS MADE.
Extended Reporting
Period/Discovery Period/”Tail” Coverage
When applicable,
the Extended Reporting Period, or Discovery Period as it is called in
some policies, will increase the time within which a claim may be eligible
for the policy’s coverage. Some people call this “tail”
coverage. The tail coverage helps to prevent the situation of a claim
going uncovered because of cancellation or non-renewal of the policy or
because the policy is replaced by one written on an “occurrence”
basis. It provides for a period of time after the end of the policy period
during which claims first made against the insured and reported to us
in writing, for things that happened before the end of the policy period
and are otherwise covered by the policy, will be covered. You can buy
this tail coverage if your policy is cancelled or non-renewed either by
you or by us; however, we must receive your written notice of election
to buy the tail, together with the required payment, not later than a
certain number of days as specified in the policy, and after the effective
date of cancellation or non-renewal or you lose this right.
GENERAL COMMENTS
Claims-made
policies have been around for many years for some types of liability insurance,
but they are relatively new for other types. Please read your policy carefully
so you become familiar with how it works, and be sure to consult your
insurance agent or broker or other professional insurance advisor if you
have any questions.
51846
(5/91)
SWL-123
rev. 9/93 KS, AR
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Signatue of Insured
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