BINDER BASICS
SUBJECTIVY: MEANING AND IMPACT
WRITING & CLEARING SUBJECTIVITIES
BINDING PROCESS AND MSHARE FILING
RISK FLAGS & TIME-CRITICAL SCENARIOS
300

What is the purpose of the Binding phase?

Binders act as the insurance contract until the policy is issued, so they must be accurate, checked for subjectivities, and properly signed before inception to avoid uncovered losses.


300

What a subjectivity is

A subjectivity is an insurer-imposed condition that must be met for coverage to be effective (or it can change/limit coverage if not met by a deadline)


300

If a subjectivity is vague

Request it be rewritten with specific requirements, deadlines, and consequences (avoid open-ended wording).

300

Describe the different stages of the binding process 

Use a Confirmation of Binding Instructions (CBI) documenting the client’s choice (best before binding; at minimum before effective date), then obtain signed/dated carrier binders prior to inception (wet/fax/e-sign); file supporting email/fax evidence if used. Share binders with client

300

No binder available before inception

Get detailed written confirmation from the underwriter (email/fax) confirming binding (or referencing their dated proposal) and ensure it’s clearly from the underwriter/MGA; escalate if the underwriter won’t sign or provide a carrier binder.

400

What is a binder?

A binder is temporary proof/authorization of coverage issued before the policy; ideally prepared and signed by the carrier (even if Marsh drafts it) and should generally match the policy term.

400

Why subjectivities matter

Clear, time-bound subjectivities reduce misunderstandings and help prevent post-loss coverage disputes or after-the-fact changes/denials.


400

What to do when subjectivities exist

Notify the client in writing (including impact if unmet), follow up proactively until resolved, and complete any Marsh-owned actions within the stated timeframe.


400

Where to file binders (Exact folder)

File in Mshare as a Placement Document (per Mshare mapping/guidance).


400

Client hasn’t authorized binding before inception

Seek underwriter written confirmation extending the existing policy or “holding covered,” notify the client in writing with that confirmation; if a lapse is likely, warn the client in writing before expiry and explain remediation steps; once authorized, obtain the signed binder ASAP (no later than 2 business days).

400

What is a subjectivity?

A subjectivity is an insurer-imposed condition that must be met for coverage to be effective (or it can change/limit coverage if not met by a deadline).

400

Why subjectivities matter?

Clear, time-bound subjectivities reduce misunderstandings and help prevent post-loss coverage disputes or after-the-fact changes/denials.


400

How to confirm subjectivities are met

Obtain written underwriter acknowledgment that each subjectivity has been satisfied/resolved.


400

Binder signed by an intermediary

Only acceptable if the intermediary has explicit binding authority from the carrier (e.g., MGA agreement); obtain written proof if needed—wholesale brokers typically must provide a carrier-signed binder.

400

Binder about to expire and no policy

Do not allow lapse—obtain written underwriter confirmation extending the binder.


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