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The Certificate and Evidence of Insurance forms which ACORD made effective in late 2009/early 2010 have raised alarm among insurance certificate holders and the insureds that must provide them. Unless insurers issue manuscript endorsements to their policies (which is unlikely), insurers no longer make any pledge that they will even attempt to notify most certificate holders if the policies are cancelled. The new certificate forms have eliminated the assurance that the insurer would "endeavor to mail __ days written notice to the certificate holder." They simply state that "...should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions."

What does that mean to certificate holders under standard insurance policies?

Liability and auto - Even if a certificate holder is an additional insured, it will not be notified if the policy is cancelled. Only the First Named Insured will be notified.

Workers compensation - Certificate holders will not be notified of cancellation, since the policy requires the insurance company to notify only the covered employer.

Property - Mortgagees and loss payees on standard property policies will be notified - 10 days before the insurer cancels for nonpayment, 30 days before it cancels for any other reason and 10 days before it nonrenews the policy (unless modified by state requirements). Other certificate holders, even additional insureds, will not be notified.

All policies - Certificate holders, even additional insureds, will not be notified if the insured itself cancels the policy.
How should insurance requirements in contracts be changed in order to respond?

Contract language requiring insurance certificates to state that "__ days notice of cancellation be given" and requiring that the "endeavor to" language in the certificate be deleted, is no longer applicable. Even if changes are made to the certificate, ACORD has made it exceedingly clear that changes to the certificate do not change the policy.

The contract should require that the insured party provide immediate notice to the owner, lessor, etc. if the insured entity receives notice of cancellation or nonrenewal from its insurer. This provision is especially important since many insurers will not be willing to comply with the recommendations below, especially for smaller insureds. Unfortunately, this has the obvious drawback of depending on the very party who is non-performing to report the non-performance.

Contracts should require that the insured's policies be endorsed to meet the certificate holder's reasonable requirements. (However, as stated above, not all insurers will be willing to cooperate.) If the insurer is somewhat cooperative, it may be willing to extending the same notification rights to the certificate holder that it gives to the first Named Insured. Below is sample manuscript endorsement wording that would accomplish that end. Very large insureds may be able to obtain even broader notification rights.
"If we cancel or elect not to renew this policy, we will give written notice to ____________ at the following address __________________. We will provide the same notice of cancellation and nonrenewal that is required by this policy to the first Named Insured."

So if the certificate holder is given the same notice of cancellation and nonrenewal as the first Named Insured, what does that actually mean with standard policies?

Standard commercial insurance policies provide the first Named Insured with 10 days notice of cancellation for nonpayment of premium. If the insurer cancels mid-term for any reason besides non-payment of premium, commercial general liability, automobile and property policies provide 30 days notice of cancellation. Workers compensation policies, however, provide only 10 days notice of mid-term cancellation. If an insurer nonrenews a policy versus cancelling it mid-term, it may nonrenew a commercial automobile or workers compensation policy without any advance notice at all. Property policies may also be nonrenewed without any advance notice to the insured, but if there is a mortgagee or loss payee on the policy, they must be given at least 10 days advance notice. General liability policies may be nonrenewed with just 30 days notice.

State laws in most states change the above requirements, requiring more notice in many situations. For instance, Florida requires that carriers provide the first Named Insured with 45 days notice of cancellation in some circumstances. The provisions of the different state laws are often complicated, differing not only by line of coverage but also by length of time the policy has been in force, the specific reasons for the cancellation or nonrenewal, etc. The specific state requirements can be accessed through the IRMI Insurance Cancellation Guide published by the International Risk Management Institute.

The larger the insured client, the more likely that it will be able to obtain additional concessions from its insurer. If possible, those additional provisions should require:

Advance notice to the certificate holder even if the insured initiates the cancellation or nonrenewal and
Minimum cancellation and nonrenewal provisions, regardless of what is provided by the standard policies or various state laws.
Why not just require the old form?

You may ask, "Why doesn't the certificate holder simply require the insured and its insurance agent to provide the old certificate of insurance form?" What certificate holders and insureds should know is that if an agent does modify a standard certificate or signs a custom one that provides notice of cancellation, it is almost certainly doing so against the explicit direction of the insurance company. So while the certificate holder may have a paper in its hand which states that the insurance company will provide notice of cancellation, the insurer will not stand behind it. If coverage is cancelled, all that the certificate holder has probably gained is the right to sue the agent and its errors and omissions carrier. Since the agent is probably executing the modified certificate with the full knowledge that it is not authorized to do so, coverage under its errors and omissions policy is suspect. For a fuller understanding of why an agent executing modified certificates is engaging in a practice which may be unauthorized, deceptive and potentially illegal, please see the article written by Bill Wilson of the Independent Insurance Agents and Brokers of America at http://www.iiaba.net/eprise/main/VU/NonMember/WilsonCancellationNotice.htm.

Vendor solutions

I am aware of about 20 different vendors who provide some form of insurance certificate and verification service. I have found only one vendor that provides a certificate service that completely bypasses ACORD certificates and their problems. I pass on their information as a service to readers. Their name is Ins-Cert Corporation, and information on their services can be found by doing an Internet search under that name. Their system is Web-based and requires the agent/broker to agree to make a "good faith effort" to enter notices of cancellation into their system. The system then automatically sends cancellation notices to all certificate holders by email. Their system appears to offer a solution to both the problem of cancellation notices and also the problem of fraudulent ACORD certificates. From my investigation I believe they offer a legitimate service and are worthy of consideration. Readers of this paper who have found other workable solutions to this problem are asked to contact me.

Why the "Good Ol' Days" Weren't Really So Good -

Certificate holders certainly wish that the insurance industry would find a way to notify them when an insurance policy is cancelled. But in reality, they may not have lost much in this change besides the illusion that the insurer would notify them.

Many insureds have a "blanket additional insured" endorsement on their liability policies. That means that anyone that the insured agrees to name as an additional insured in a contract is automatically given that status in its insurance policy. But that also means that the insurance company does not obtain the names and addresses of those additional insureds, so the insurer does not know who they are or how to notify them.

Certificate holders would reasonably assume that as a matter of good faith, insurers would require that the agents/brokers send them a list of all of the certificates that they issued so that the insurer could "endeavor" to give notice of cancellation. Incredibly, that is not the case. Many carriers have explicitly told the agents/brokers not to send them copies of the certificates.
Since many insurance carriers have not made the good faith effort to comply with the notice requirements of the old certificate forms, not much is lost by eliminating the notice requirements altogether. At least false promises are no longer being made.

Closing thought

In writing about these changes on its own Website ACORD explained that it had to change its certificates because they sometimes contradicted or expanded the duties contained in the underlying insurance policies. Unfortunately, they were not able to cooperate with the other players in the insurance industry (the insurance companies, ISO and NCCI) to craft a solution which solved that problem while also meeting the legitimate business need of certificate holders to receive a cancellation notice. The outcry from the business community may need to get much louder before a better solution to this problem is reached.

The information presented here is necessarily general and is not intended as legal advice.

Brent Winans, CPCU, ARM is VP of Risk Management Services for the Plastridge Agency in Delray Beach, FL. He is available to give a humorous (Yes, humorous!) and informative presentation on this subject to interested audiences. He also provides assistance in drafting contemporary and achievable insurance and risk management language for contracts as well as providing other fee based (no insurance sales) risk management services.

See http://www.plastridgeinsurance.com/rics.htm

Article Source: https://EzineArticles.com/expert/Brent_Winans/977309



Article Source: http://EzineArticles.com/6065794
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Compare Cheap Insurance Quotes - Save Time and Money by Comparing Cheap Insurance Quotes

How does your decision to compare cheap insurance quotes on the internet help you save precious time and money? The insurance market has become so competitive that it is impossible to identify a single insurance company as the best one around. There are many variable factors including the type of insurance that one wants, income and lifestyle of the individual, the asset that one wants to insure and the amount of premium that one is prepared to pay. In such a scenario, one cannot blame an individual for opting to compare cheap insurance quotes instead of entering the confusing world of insurance analysis.

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What to Look Out For in the Best Forex Online Trading Platform

  1. What to Look Out For in the Best Forex Online Trading Platform
  2. What do you need to look out for in the best Forex online trading platform? Customisability in all aspects. A platform should take into account that each investor has his or her own methods and mechanics, and that should be able to be translated directly into the mainframe of the trading platform. Too often investors get stuck with rigid programmes that do not have the flexibility needed to adapt to the character of the investor. While market psychology is very important in all respects, individual investor psychology is also one of the most important things and when one invests, one has to be comfortable with the platform that they are using.

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Another important thing is ease of use. It is appreciated that there has been a lot of mathematics and technology put into the software programme but it should be forced into the investor as a matrix in which he will be using to interface with the Forex market. The platform has to be easy to understand and easy to use so much so that even the casual investor can understand its mechanisms and start to use it right away. Investing already is difficult and investors and prospectors of a market commodity should have to be wrestling with steep learning curves when it comes to working out their trading platform. In every sense of the word, trading should be easy to spark - there are so many other aspects of the trade that need learning and practice, and the platform should not be one of them.

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The best platforms out there have a lot of mathematics behind it, and this is because those who created the programme understood that currency and currency behaviour is ruled by algebraic equations in an economic environment. A good Forex trading platform should be able to crunch a whole host of numbers and give you the latest price feeds. A good platform also is able to give you tips and hints, as well as warnings when it comes to you making the wrong decisions. Just imagine it as your electronic broker - who takes the place of your real life broker when you are investing from home or even from your office. While your broker has to accommodate hundreds of investors, a platform should be the reliable tool you need to guide you the right way.

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One the last few things about a Forex trading platform is that it should be fast - being able to match the speed of the market's liquidity. Order fills, broker communication and currency purchasing options should be done within a few clicks of the mouse and this brings me to another point that most people overlook. Support from the company who sold you or provided you with the platform. There should be an end to end communication and technical support just in case anything goes wrong and it should be clearly delineated within the first few moments of you singing the agreement or filling out a purchase order. Recognise the features that separate the mediocre from the outstanding Forex online trading platform.

Online Masters Degree Programs - What You Should Know

For those who are considering attaining their masters degree, but work full time, have a family to take care of, or are a bit older and do not want to take the traditional college setting, the choice to go get a masters via online masters degree programs is one option to consider. Depending on the type of masters program you are trying to get your degree in, there is several accredited online degree seeking programs for you to consider. From an MBA, to masters in accounting, to getting your degree in nursing or the sciences; no matter what online masters degree programs you wish to enroll in, there are many online options to choose from.

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Tips On How To Get Your Bad Credit Personal Loan Application Approved

In current times, the demand for bad credit personal loans has been on the rise. This can be attributed to the fact that the economy has not been very good. This coupled with the fact that commodity prices have been on the rise has led to most people having a bad credit history, which effectively locks them out of getting loans, If you are in such a position, you should not despair. Even if you have a bad credit history, you can still apply for and get a loan. There are certain loans which are specifically meant for such a demographic, and it would be a good idea to make use of them when you need to borrow money.

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A good example of a loan that you can take when you have a bad credit history is a payday advance. This is a kind of short term loan which is often paid within a month. As the name suggests, this kind of loan is often paid back when one receives his or her pay check at the end of the month, One good thing about this kind of loan is that it is very easy to apply for one. If you need it, all you have to do is find a website run by one of the lenders. For instance, if you live in the United States you can simply use Google to search for payday advance lenders who have online sites. You can then fill out the form and then wait for the money to be deposited in your account.

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When you apply for such loans, there are certain things that you need to do so as to increase the chances of getting approved. For instance, you need to know exactly what kind of documentation you need for the loan. For instance most payday advance dealers will require that you have proof of income, such as your pay slips for the past few months, In addition to that, you may also need to provide details of your bank account. Most lenders will deposit the money in your account after approval, especially when you are applying online. Also, most of them will automatically deduct the amount you are to repay at the end of the month from your account, making it more convenient to make payments.

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There are many people who are opponents of bad credit loans due to the fact that they seem to offer high interest rates. For instance, many payday advance lenders will charge a nominal fee of around $15 for each $100 one borrows. This may seem like a very high amount, but the fact of the matter is that they do this since they expose themselves to increased risk, In addition to that, the fact that such loans are often of very small amounts and are paid within a very short time means that the interest never accumulates to very large amounts, as would typical bank loans.When all is said and done, getting bad credit personal loans is not as hard as one might think. There are many companies which offer these facilities, and all one has to do is find one that suits them. By following the guide above, you can do this with relatively little trouble.

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