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Fall 2017

 
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WHO WE ARE:

 

Professional Underwriters Agency (PUA) specializes in underwriting Architects and Engineers (A&E), Design Build & Contractors, and other lines of Professional Liability/Errors & Omissions insurance. With over 75 years of combined industry experience, our team combines underwriting expertise with unparalleled customer service to best serve you and your clients.


RISK MANAGEMENT TIP: 


AVOID "ARISING OUT OF" INDEMNIFICATION LANGUAGE

 

One of the largest sources of liability for A/E firms is a bad contract---specifically a broad indemnification clause. Such a clause can leave a firm liable for losses that occur for reasons beyond their own negligence, and thus lead to unnecessary payouts.


In Penta Corporation v. Town of Newport v. AECOM Technical Services, Inc., the court held that the A/E firm (Penta Corporation) owed its client (The Town of Newport) a defense against a contractor suit (AECOM). The suit in question alleged that Penta’s bidding and construction plans, provided by the town to the contractor, were defective. 

 

In this case, the A/E firm agreed to an overly broad indemnification agreement that included “Arising out of” claims. This language held Panta responsible for any claims related to their engineers'  performance, and led the court to rule that the firm had a duty to defend its client.

 

Risk Management Tip

On all indemnification agreements, replace “Arising out of” language with “To the extent caused by the negligence of the A/E firm.”


 
 
 
 

PROGRAM UPDATE:


MULTI-YEAR POLICIES & INTEREST-FREE FINANCING

 
MULTI-YEAR POLICIES

PUA is pleased to announce that we now offer multi-year policies for A&E risks under our Arch admitted program.

Eligibility Requirements Include:

 Full-time Private Practice with MIN of one licensed professional
 Gross Billings under $350,000 in the firm’s past 12 months
 Fewer than 2 claims in past 5 years (total incurred claims must be under $10,000)

INTEREST-FREE FINANCING

This Spring, we introduced interest-free special financing to our Arch admitted A&E policyholders. Today we are pleased to announce the expansion of this offering, which is now available to our Arch contractors and those Design/Build policyholders written on an E&S basis.

Highlights Include:

 Down payment of 20% due within ten days of binding
 Balance payable in nine equal installments (plus an $11 admin fee/installment)
 Credit card payments accepted
 Online account management services
 Electronic/emailed statements and notices offered

Frequently Asked Questions:

1. Is any interest charged? No, an $11 administration fee applies per installement , but no interest. 

2. Can the balance be paid off early? Yes, the balance can be paid off early without penalty.

3. Does the insurance agent/broker receive their full commission and when? Yes, the broker will receive full commission within 30 days of receipt of the insured's down payment.

If you have any questions or would like additional information, please contact Sandip Chandarana at 630-861-2330 or sandip@puainc.com.

 
 
 
 
 

UPCOMING WEBINAR


with Kent Holland

 

Kent Holland of ConstructionRisk, LLC will discuss the lessons he has learned from litigation involving design professionals.


Topics covered include:  warranties, indemnification, s tandard of care, dispute resolution, s Site safety responsibility, and more.


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From this webinar, you will learn:


1. To identify and manage the risks arising from recent litigation.


2. How courts interpret Indemnity Clauses.


3. To address any problematic Standard of Care and Safety Provisions in contracts.


WHEN:

October 12, 2017

1:00 PM EST


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**Continuing Education Eligible

(1 hr CE credit available)

 
 
 
 
 

2017 ADVISORY COUNCIL


Recap and Appetite Guide

 

This June, PUA hosted our 2nd annual advisory council in Chicago. This 3-day event provided an excellent opportunity to discuss the future of our program as we educated agents on recent industry developments and received feedback on our current practices.


Through a combination of interactive presentations, breakout sessions, and networking events, we were able to have many productive conversations and gain invaluable insights about our growing industry.


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The group even had a chance to get out of the conference room and watch the 2016 World Series champion Chicago Cubs bring home a win on their home field!


The PUA team is incredibly grateful to all those who made this event a true success, and we look forward to continuing to grow our program with the support of our partner agents!.

 
 
 
 
 

RISK MANAGEMENT CORNER

 
PUA's admitted program with Arch Insurance Company provides risk management and loss control services to our design and construction professional policyholders at no additional cost. Such services are offered through our partnership with Kent Holland, J.D. of Construction Risk, LLC.

Construction Risk, LLC is a nationally-recognized risk management firm with a practice dedicated to design and construction professionals. They are the best in the business, which is reflected through their extensive service offerings including:

 Unlimited contract review
 Pre-claims assistance and toll-free hotline
 Workshops, seminars, and trainings
 Webinars eligible for AIA continuing education credit.

Click here to read an informative article authored by Kent regarding job site safety and engineers' duty to supervise.


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PUA'S RECENT SUCCESSES

 
Here is a snapshot of some of our recently written accounts. PUA is able to write architecture and engineering firms with billings under $25M and design/build/contractors firms with contract revenues under $150M.

For a full list of eligible classes, please view our appetite guide.

black triange.png Architectural and interior design firm in NY with $11.3MIL in billings and only one large claim. Policy: $3MIL limit and $50K retention for $185K.

 Architectural, planning, and interior design firm in CA with $6.3MIL in billings and no prior claims. Policy: $5MIL limit and $50K retention for $84K premium. We also wrote a separate $5MIL excess limits policy for $50K.

 Design/build firm in ID with $90MIL in contract revenues and no prior claims. Policy: $1MIL limit and $100K retention for $49,500 premium.

 Civil engineering firm in IL with $2.6MIL in billings and no prior claims. Policy: $2MIL limit and $10K retention for $27K.

 Architecture firm in MA with $300k in billings and no prior claims. Policy: $1MIL limit and $2,500 retention for $4K annual premium/$8K policy premium over a 2 year policy period.


Send us a submission and become a success story!


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Professional Underwriters Agency (PUA)
www.puainc.com
Contact: Sandip Chandarana, Director of PUA
Call us: 630-572-0600
Email us: sandip@puainc.com
Copyright © 2016 PUA, all rights reserved.

 


 
 
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