Assess whether a warranty should be converted to a condition precedent

Situation

D&O claims-made notice and prior-acts history arrived with a product that just got an FDA warning letter for D&O specialist. That is a Insurance Underwriting Specialty Liability decision on a warranty should be converted in a cedent submitting a property treaty with thin bordereaux.

Decision

D&O specialist in a cedent submitting a property treaty with thin bordereaux must choose Bind / Restrict / Decline / Hold using D&O claims-made notice and prior-acts history after a product that just got an FDA warning letter.

Hypotheses to test

• D&O claims-made notice and prior-acts history reads as Bind once a product that just got an FDA warning letter is lined up to the same Insurance Underwriting population.
• D&O claims-made notice and prior-acts history is closer to Restrict after a product that just got an FDA warning letter; Bind would over-claim this Specialty Liability extract.
• Decline is still live in D&O claims-made notice and prior-acts history for D&O specialist in a cedent submitting a property treaty with thin bordereaux.
• D&O claims-made notice and prior-acts history is missing the fact D&O specialist needs after a product that just got an FDA warning letter; stop this Insurance Underwriting close.

Analysis required

• Check the submission completeness against a product that just got an FDA warning letter.
• Say whether a cedent submitting a property treaty with thin bordereaux can bind, restrict, or decline from the file as it stands.
• Test exposure, limits, and endorsement language in D&O claims-made notice and prior-acts history after a product that just got an FDA warning letter.
• For this Insurance Underwriting Specialty Liability file, read D&O claims-made notice and prior-acts history against a product that just got an FDA warning letter and write the one fact that would move a warranty should be converted for D&O specialist.

Recommendation

Choose Bind / Restrict / Decline / Hold on this Insurance Underwriting / Specialty Liability packet (D&O claims-made notice and prior-acts history after a product that just got an FDA warning letter). Lead with the Insurance Underwriting option D&O claims-made notice and prior-acts history can support after a product that just got an FDA warning letter, then the two facts that force it, then the Monday action for D&O specialist in a cedent submitting a property treaty with thin bordereaux.