E&O Disclosures

1. Purpose of This Page

This page summarizes the working understanding between Heuston's Insurance Services LLC and the clients and prospects who engage us. It exists so the broker–client relationship is documented in plain language: what we do, what we do not do, and where the lines are drawn between our role and the role of the carrier, the insured, and other professional advisors.

Nothing on this page modifies the terms of any policy of insurance. The policy as issued, together with applicable law, controls.

2. Our Role as Broker

Heuston's Insurance Services LLC operates as an independent commercial insurance broker. In each placement, we work to identify appropriate carriers, prepare and submit applications, present available proposals, explain coverage in plain English, and bind coverage when authorized to do so. We act on behalf of the insured in placing coverage; we are not employees, agents, or representatives of any single insurance carrier.

The broker–client engagement is established when both parties mutually agree to engage. Sending an inquiry through the website, submitting an application, or receiving a proposal does not, by itself, create a binding engagement.

3. No Coverage Until Bound

If you need coverage to be in force by a specific date, communicate that requirement to us in writing and confirm receipt. If you do not receive written confirmation that coverage has been bound effective on or before your required date, assume coverage is not in force and contact us immediately.

4. Coverage Descriptions Are General

Throughout the website, in proposals, and in routine correspondence, we describe coverages in plain English to support understanding. These descriptions are general summaries. Specific coverage in any given claim is governed by:

• The policy as issued, including the declarations, the policy form, all endorsements, and any schedules
• Applicable insurance law in the jurisdiction where the claim is adjusted
• The specific facts of the claim

References on the website to ISO forms (such as CG 00 01, CA 00 01, CP 00 10), to FMCSA regulations (49 CFR §§390–399), or to state statutes are illustrative. Form editions and statutes change. The forms actually attached to your policy, in the editions issued, are what control.

5. Surplus & Non-Admitted Lines

For risks that the standard (admitted) market declines or cannot adequately price, we may place coverage with a surplus lines (non-admitted) carrier. Surplus lines placements involve important differences:

• The carrier is not licensed in your state in the same manner as an admitted carrier. The carrier is approved or "eligible" to write surplus lines but is regulated differently.
• The state guaranty fund typically does not protect surplus lines policies. If a surplus lines carrier becomes insolvent, the state guaranty association generally will not pay claims, and the insured may have no recovery from the guaranty fund.
• Surplus lines taxes and stamping office fees apply in addition to premium, in accordance with each state's surplus lines law.
• Form language is not standardized. Manuscript wordings are common. Coverage and exclusions vary materially between surplus lines carriers and are not always comparable to admitted forms.

When a surplus lines placement is recommended, we provide the disclosures required by N.J.S.A. 17:22-6.40 et seq. (the New Jersey Surplus Lines Insurance Act) and counterpart laws in other states where we are licensed. You will be asked to acknowledge the surplus lines disclosure in writing before binding.

6. Certificates of Insurance

A certificate of insurance is a summary document. It is not the policy and does not amend the policy. Certificates are issued for informational purposes to confirm that coverage was in force as of the date stated. Specifically:

• A certificate does not extend coverage to a holder, an additional insured, or any other party — coverage is extended (if at all) by endorsement to the policy
• A certificate does not create rights for the holder against the carrier or the broker
• The carrier's notice obligations to certificate holders are governed by the policy and applicable law, not by language printed on the certificate

If a contract you have signed requires specific endorsements (additional insured, primary and non-contributory, waiver of subrogation, notice of cancellation), tell us in writing and provide the contract language. We will work to obtain those endorsements where carrier underwriting allows. Endorsements are subject to carrier acceptance and may carry additional premium.

7. Our Role at Claim

Our role at the time of a claim is to facilitate. We will help report the claim to the carrier, transmit documentation, and advocate for the insured's interests in the claims process to the extent appropriate for a broker.

Reporting timelines are set by the policy. Late reporting can prejudice the carrier's investigation and may, depending on the policy and applicable law, affect coverage. Report claims and circumstances that may give rise to a claim as soon as you become aware of them.

8. Material Information & Misrepresentation

Insurance applications and submissions ask for information that is material to the carrier's decision to issue coverage and to price it. The insured is responsible for the accuracy and completeness of information provided. Examples of information typically considered material:

• Operations actually conducted at each location, including any operations not previously disclosed
• Loss history and prior claims
• Vehicles, drivers, MVR records, and DOT compliance status (where applicable)
• Subcontractors used and contracts in place
• Prior cancellations, non-renewals, or coverage declinations
• Material changes between renewals (new locations, new operations, new vehicles, new entities)

Material misrepresentation in connection with an application can void coverage and may have consequences under N.J.S.A. 17:33A et seq. (the New Jersey Insurance Fraud Prevention Act) and counterpart statutes in other jurisdictions. If you become aware that information previously provided is incorrect or incomplete, tell us in writing as soon as possible.

9. Limits Adequacy & Coverage Gaps

Selection of policy limits, deductibles, and the scope of coverages purchased is the insured's decision. We will provide options, explain trade-offs, and make recommendations where appropriate. We will identify gaps we observe. However:

• Limits adequacy depends on facts the insured knows best — the size of operations, contracts in place, asset values, contractual indemnity obligations, and risk tolerance
• We cannot guarantee that any limit purchased will be sufficient for any particular loss
• Coverage purchased is the coverage that responds; coverage declined or excluded by the insured does not respond regardless of the circumstance

Where we recommend a higher limit, a separate placement, or an additional endorsement and the insured declines, we ask for the declination in writing. This protects both parties and creates a clear record of the coverage decision.

10. Renewal & Mid-Term Changes

Renewal is not automatic. Each renewal is a fresh underwriting decision by the carrier and a fresh coverage decision by the insured. Carriers may non-renew, change terms, increase premium, or restrict coverage at renewal. We will work to identify alternatives where renewal terms are unfavorable, but we cannot guarantee a renewal at any specific terms or pricing.

Mid-term changes (vehicle additions or deletions, location changes, named-insured changes, coverage adjustments) require carrier approval and an endorsement. Tell us in writing as soon as a change occurs. Coverage is not automatically extended to new exposures.

11. Premium Payment

Premium payment terms are set by the carrier or premium finance company. Non-payment can result in cancellation under the policy's cancellation provisions and applicable state law. Cancellation for non-payment can be effective on shorter notice than other types of cancellation. The insured remains responsible for earned premium through the date of cancellation regardless of whether coverage was used.

Where a premium finance company is used, the finance agreement is a separate contract between the insured and the finance company. The finance agreement may grant the finance company the right to cancel the policy on the insured's behalf for non-payment of finance installments.

12. Regulatory Information

Heuston's Insurance Services LLC holds insurance producer licenses in:

• New Jersey — license held in accordance with N.J.S.A. 17:22A-26 et seq. and N.J.A.C. 11:17
• Pennsylvania — license held in accordance with 40 P.S. §310.1 et seq.
• New York — license held in accordance with N.Y. Ins. Law §2101 et seq.
• U.S. Virgin Islands — licensed producer

Specific license numbers are available on request. Complaints concerning insurance producers are handled by the insurance regulator in the state where the conduct occurred. For New Jersey, that is the New Jersey Department of Banking and Insurance.

13. Contact

Questions about this page, or about a specific coverage situation:

Heuston's Insurance Services LLC
Tom Heuston, Owner
Tuckerton, New Jersey
Phone: 609-812-1962
Email: info@heustons.com