It is important to understand whether coverage offered on a claims-made  or occurrence basis.  Does the expiring policy currently have a deductible or an SIR?   If the insured's coverage is currently written with an SIR, does the coverage form provide duty to defend language?  Is defense written within or outside the limit?  Does it provide coverage for a third-party?  Does it provide coverage for wage and hour defense?  Are there additional coverages added by endorsement or important exclusions?

Given the current economic conditions, many employers have seen significant reductions in staffing.  It is important to clarify how these reductions were affected.  Were there lay-offs?  Was reduction a result of attrition?  How many employees with annual salaries exceeding $100,000 were terminated?  Inaccurately addressing these questions could impact pricing and could ultimately affect any coverage placed.

Does the client anticipate lay-offs or sales/closures of existing operations?  Is expansion a possibility?  Might there be other material changes in operation?

 
Any claims whether filed only with the EEOC/state agency or litigated should be explained.  Who was the employee/third party?  What was the employee's position with the company?  What was the allegation(s)?  How was the case settled?  If not settled, what is the status of the case?  Has the client made any corrective actions?  The larger the claim, the more important it is to understand the issues involved and the corrective actions made.  The more claims the client has had, the more important it is to understand the nature of the claims and the corrective actions made.  Failure to provide this information will almost always result in higher premiums, deductibles/retentions, declination or worse, denial of coverage after a policy is in place.