Lawyers professional liability insurance provides legal professionals with a safeguard against any potential negligence, errors, or omissions that could cause financial harm to another person or party. Even though lawyers typically provide earnest services for their clients, this doesn’t guarantee they will be treated reciprocally. Regardless of the size of your law firm, malpractice lawsuits are becoming increasingly frequent and standards for client satisfaction continue to rise. Consequently, having the right coverage in place may mean the difference between protecting your business and its overall financial security in the event of a lawsuit or claim – and facing putting it all on the line.
What is the purpose of Professional Liability Insurance for lawyers?
Ivamy, an authority in insurance law, defines a contract of insurance as when one person – the insurer – agrees to pay the other – the assured – a sum of money or its equivalent in return for an agreed consideration (also known as a premium) when a specified event occurs. Insurance is generally divided into two categories: life insurance and general insurance. Life insurance provides coverage on an individual’s life and, often, acts both as protection and as a form of investment dependent upon the occurrence (or not) of the specified event. Unlike other forms of insurance, life insurance doesn’t employ the concept of indemnity. General insurance incorporates all other kinds of insurances such as fire, marine and professional liability coverages.
Lawyers Professional Liability Insurance: What Does It Cover?
Every business faces risks engaging in its daily operations. In addition to law firms, real estate agents, insurance agencies, and other types of service companies should all have professional liability coverage. If the results of a client’s case don’t satisfy the client or the law firm makes a mistake, the client can sue the law firm, citing negligence, after the law firm accepts the case.
Nearly all attorneys go through the experience of being taken to court at least once in their career. This can come about even when everything has been correctly done, for instance the client dissatisfied with a resolution and seeking recompense from the law office. On the other hand, it is possible that without awareness, documents are submitted too late or out of the proper jurisdiction. When this breach of duty is established, it often leads to full reparation for the customer which may financially ruin an entire firm or vacant a single lawyer’s resources.
Professional liability insurance covers the following types of claims for lawyers:
Malpractice, such as negligent advice resulting in an SEC violation or exposing the client to a perceived conflict of interest.
The failure to file a case in accordance with the laws of a particular state or jurisdiction. This is especially prevalent in personal injury cases;
An attorney allegedly fails to honor a client’s signed retainer agreement or engagement letter.
AmTrust’s lawyers professional liability (LPL) coverage highlights include:
Individually tailored non-admitted product
Professional services are defined broadly
Independent Contractors are included in the definition of Insured
Coverage of disciplinary proceedings
Coverage for personal injury
Assistance with pre-claims and reimbursement of expenses
Defense Counsel pre-approved by select firms
Coverage of subpoenas
More to come
What is the cost of lawyers’ professional liability insurance?
Various factors contribute to a policy’s cost. Location is one such determinant, with more metropolitan areas or states likely costing more. Riskier fields of practice like securities, intellectual property, and medical malpractice will also raise the premium. Number of prior claims as well as fault in each one could all have an impact. However, firms without any filed claims tend to experience reduced rates.
In conclusion
Economic growth in all sectors, including insurance, are mutually beneficial in leading to overall development. Professional liability insurance for lawyers is still somewhat rare; however, its importance is not exclusive to lawyers themselves, it also assures clients of financial security with regards to any civil liabilities or legal costs. With the influx of foreign players into the market, individual cases can be extremely large; therefore, if a law firm faces suit from a client claiming millions of dollars in losses and were unable to cover liability with an insurance policy, they would face bankruptcy and run the risk of losing their reputation and other clients as well. Without coverage of professional liability insurance, neither the firms nor the clients can be secure that any losses incurred by suit will be recovered. Therefore, it is necessary that professional liability insurance is regulated and made compulsory for lawyers and law firms alike.
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