The short answer is, when in doubt, report. The Terra policy defines a "Claim" as either of the following:
Clearly, an insured should report a problem situation as soon as they are made aware of one.
Reporting claims in a timely fashion is important because your Terra policy is a "claims made and reported" policy. Your policy runs concurrent with the calendar year, and it only applies to those claims reported within the policy period.
If you are ever unsure about a potential claim or complaint, or have a general question about claims, Contact Us. We're here to help.
While no firm wants to become an "expert" in reporting claims, there are a few things that policyholders need to know about the process of reporting a claim.
Generally, the claim submission process begins with a telephone call, fax, email, or overnight express package to put Terra "on notice" and make Terra aware the claim exists. Again, it might not always be clear cut what constitutes a claim, but the sooner you contact us, the better.
After notifying us about the issue, Terra will request various documents to complete the assessment.
Keep in mind that the sooner that you can get these documents to our team, the easier it will be for Terra to help you assess the situation and to determine whether or not the situation is in fact, a claim.
1. Incident & Claim Report: Terra uses this standard form as the starting point for opening a file for every claim or incident. The form consists of two pages that you complete and return to Terra by fax, email, regular mail or overnight express. We need this completed form from your firm before we can open a claim file and assign counsel – please complete this form and send it to us as soon as possible.
Other Supporting Information Terra also asks that you provide the following Supplemental Information as quickly as possible. Please do not delay submitting the Incident & Claim Report while you prepare and assemble these additional materials.
2. Contract(s): Terra will need a copy of the contract between you and your client for the services involved, along with any amendments, task orders, or supplemental agreements that govern your scope of services.
3. Summary Memorandum: A memorandum (memo) from the person most knowledgeable about the project - usually the Project Manager or Project Engineer - that summarizes key events, issues, preferably in chronological order. Attach significant letters, notes, logs, memos, and correspondence, as relevant. On large projects, an organizational chart may be helpful.
4. Proposal: If it is not included in your contract or the Summary Memorandum submissions, Terra would like to have a copy of your proposal for the work and any applicable terms and conditions.
5. Key Documents and Reports: Also, if not included in the Summary Memorandum, we need copies of any reports that you delivered, that are central to the issues involved in an incident or claim.
6. Subcontracts. If a subcontractor or subconsultant performed the work affected by the incident, provide copies of the applicable subcontract and any insurance information (including certificates of insurance from the subcontractor/ subconsultant).
7. Other Insurance. If it appears likely that you can tender the matter to a commercial general liability carrier, provide us with a copy of that policy and contact information for the issuing agent.
8. Graphic Information. Any site plans, photographs, or similar explanatory material, as appropriate.
The documents listed above may not all be necessary for every problem situation. Instead, please consider the above list as a starting point for significant claims, not necessarily a complete inventory of what is or will be needed.