Utilizing Pre-Claim Assistance on Your Professional Liability Policy

Pre-claim assistance is included in most commercially available Professional Liability insurance policies.

Pre-Claim Assistance

If you believe your firm needs claim prevention assistance, you should:

Contact your broker as soon possible to discuss your concerns.

Expect a call from one of our claims professionals and be prepared to:

– Discuss the key issues that are causing concern

– Identify the key project participants, including owner, contractor and any subconsultants’ work that may be at issue

– Provide a copy of your contract for the project and any other relevant contracts, such as subconsultant agreements

– Provide contact information for the key members within your firm

Inform others within your firm so they are aware they may be contacted and so that communication is contained.

Refrain from taking action without the input from Berkley DP’s claim professionals. Importantly and to avoid jeopardizing your insurance coverage:

– Do not admit liability or assume or agree in writing or verbally that you are at fault

– Do not provide verbal or written statements that will be recorded or transcribed, or a written statement or position letter, unless required by law

– Do not make payments, settle or assume any obligation or incur any expense

– Do not sign or accept any releases, allocations of fault or agree to any binding process to resolve the issues

– Do not make statements such as, “Don’t worry about it, my insurance will take care of it” or “That’s what I have insurance for”

Although we hope you won’t ever have to call your agent at Professional Underwriters regarding project-related concerns, early identification and action on your part may help to avoid or minimize a claim against your firm.

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