Re: Please advise. Non notification of cancellation
Posted: Sat Oct 25, 2008 3:40 am
Trotter, if this is a WC "Depop" account, and the issue deals with an audit, you will need to advise your client that s/he will not be able to replace coverage until they are in compliance. If this is simply an underwriting request for information about the risk, get the information and request that the cancellation be rescinded. Some carriers will allow a "No Loss" letter and reinstate the coverage, some will reinstate the coverage with a lapse. Otherwise, you will need to have the coverage reissued with the same carrier or shop it.
Should your E&S Broker have alerted you to the fact that your client was not responding to requests for information? Certainly. Was the carrier required to notify you, the retail agent? I'm not up on all state requirements, but, probably not - you aren't the servicing agent, your E&S broker is.
Truth be known, your client did, in fact, receive the notice and simply chose to ignore it, or got too busy and let it slip. Unless, of course, your client changed address, in which case, it was his/her responsibility to notify you and the insurance company. It does happen that carriers do not get the notice out, but normally they can show evidence of mailing.
Should your E&S Broker have alerted you to the fact that your client was not responding to requests for information? Certainly. Was the carrier required to notify you, the retail agent? I'm not up on all state requirements, but, probably not - you aren't the servicing agent, your E&S broker is.
Truth be known, your client did, in fact, receive the notice and simply chose to ignore it, or got too busy and let it slip. Unless, of course, your client changed address, in which case, it was his/her responsibility to notify you and the insurance company. It does happen that carriers do not get the notice out, but normally they can show evidence of mailing.