What To Do If You Have Been Declined Insurance Coverage or Have Special Coverage Problems

• Provide as much information as possible to the insurer up front. Don't wait to be asked about past claims or potential problem areas. Be as forthcoming as possible. Avoid answering any questions on the application form with "not applicable." Explain everything that might be declinations of coverage.
• Explain fully your firm's docket control system. Describe the system in detail. Emphasize that you have some sort of cross-checking mechanism by more than one person to ensure accuracy ad efficiency. If you are a sole practitioner and have no office staff, explain your circumstances and ask the insurance company to tell you if your system is insufficient and, if so, what you should do to improve your office management procedures.
• Include on the application form all membership in professional associations (e.g., state and local bars and the American Bar Association) and attendance at CLE events.
• If you have problems due to unusual circumstances, make direct contact with an underwriting supervisor of the insurance company. In your situation, what you are trying to do is to override the underwriting guidelines, which have little flexibility. Only an underwriting supervisor has the authority to supersede those guidelines. If you have a broker, have the broker send a letter from you to the manager of the underwriting department with the following basic message: " I realize that I am exception to your guidelines. Please review my application individually."
• If you have been declined by another carrier, you face a serious problem. On the section of the application that asks, "Have you been declined for coverage by another insurance company?" answer "yes." Explain why you were declined and what steps you have taken to correct the situation. For example, if you were declined because of inadequate docket control procedures, explain fully the systems that you have implemented. In short, do everything you can to let the insurance company know that you are not a bad risk and the past problems have been rectified.
• Participate in a "Risk Management Audit Program." This is an audit of the firm's physical location by an independent, skilled auditor. Ask the auditor to specifically comment on your behalf regarding any insurability concerns that the underwriter may have.