FAQs 


Find answers to your claims-related questions.

To assist with some of your questions about reporting a claim, please see our Frequently Asked Questions below.

Questions

  1. What should you do when a claim is made against you?
  2. When should you report a claim?
  3. How should you report a claim?
  4. What should the claim report contain?

Answers

What should you do when a claim is made against you?

  • Inform your broker and the ENCON Claims department as soon as possible.
  • Do not discuss the claim with anyone, especially the claimant or claimant’s lawyer. Any statement you make at the time could be used against you and your fellow insureds as an admission of liability, which in turn could result in a denial of coverage under a policy.
  • Gather any minutes of meetings, correspondence, memoranda, etc. which may be useful in your defense.

When should you report a claim?

ENCON’s policies generally require that you report claims or losses as soon as practical after being made aware of them. Prompt notification is required by the policy and is essential to enable the Claims department to provide early advice to the insureds and to ensure that the insureds’ rights and interests are properly protected by taking any necessary action at the earliest opportunity. Furthermore, we encourage you to report in a timely fashion as delay in the notification of claims could prejudice the insurer’s position and thereby result in a denial of coverage.

How should you report a claim?

Claims or circumstances that could give rise to a claim must be reported to ENCON in writing. The notice may be forwarded to ENCON by mail, fax or courier. It may also be forwarded electronically using our online form or by email.

What should the claim report contain?

As much information as possible, including the following:

  • If suit is brought, a copy of the initial legal process such as the Declaration or Motion or other legal process. If possible, note the date on which you were served.
  • If no suit is brought but you have received a demand letter, include a copy of the letter and details surrounding the receipt of the letter.
  • If you become aware of circumstances that could reasonably give rise to a claim or have received oral threats of a lawsuit, then the notice to ENCON should contain the following details:
      • The specific reasons for anticipating a claim to result from the circumstances or threats
      • The specific nature and date of the alleged act or omission which gave rise to the circumstances
      • The alleged injury or damages
      • Full names of the potential claimants and insured involved
      • Full details of the manner in which you first became aware of the circumstances

If you are aware that a loss has occurred as contemplated by an ENCON professional liability or Builders Risk policy, please report the details of such loss including type of loss, location, and date and time of loss.