The following post is from IIANC’s Professional Liability team.
This year has brought many struggles and adjustments for insurance agents all across our state. Not only do we have to adjust to the “new norm” of working from home and keeping our staff and workplace safe, but also need to make sure that we take care of our clients.
As you are probably already aware, COVID-19-related business income claims are already making their way through the courts: N.C. Judge First to Favor Policyholders in COVID-19 Closure Lawsuit
A lot of our agents have questions on reporting claims for business income losses. Some of the carriers have asked our agents to advise their clients that their policies will not respond to this type of loss.
We want to again make sure that you are aware of some Best Practices that have been provided by our major E&O carriers:
- Don’t make claims decisions. Let the insurance carriers do that.
- Don’t advise your customers if COVID-related claims are covered or not. Let the insurance carriers do that.
- Review the claims submission with your customer before you send it.
- Report all claims and potential claims to EACH AND EVERY carrier that could potentially have a policy that could apply. This includes CGL, personal lines, umbrella, excess, workers’ comp and any other policy in place for your client
- Do not engage in advocacy asserting that “we thought it was covered.” This could be used against you in a lawsuit.
- Create a script for all staff to use when responding to questions.
- Be empathetic but DON’T tell anyone that something is covered or not.
- Document, document, document. Document all telephone conversations, emails, texts or any other communication with your client.
We also would like to share links to a webinar, written articles and resources from IIABA that we feel you will find useful on this topic:
Please feel free to contact our office should you have any questions or if we can be further assistance
We appreciate you as an IIANC member!
Your IIANC Professional Liability Team