Coverage Analysis

Lawyers Professional Liability

This analysis is only a brief summary of the coverages generally afforded by lawyers professional liability policies. This analysis does not reflect the entire wording that your policy may contain. It is not intended to replace, amend or interpret any insurance policy. The actual insurance contract itself and any amendments thereto should be reviewed for exact terms.

Coverage Analysis

Policy Conditions
Does the policy provide "Prior Acts" Coverage?	Does the policy provide coverage to attorneys their professional legal services?

Does the policy provide acts as a notary public?	Does the policy cover acts as real estate title insurance agents?

Are services which could ordinarily be performed by non-lawyers covered, if performed by the insured in an attorney-client relationship?	Does the policy cover personal injury (libel, slander, etc.)?
Does the policy provide fiduciary coverage (i.e. executor, trustees, etc.)?	Does the fiduciary clause contain restrictive language?

Does the policy provide defense?	Does the policy provide defense in addition to the limit of liability?

Will the policy provide a defense for non-covered acts?	Does the insured have the right to select defense counsel?

Can the company settle without the insured's written consent to settle?	Can the company withhold further defense and in effect walk away from defense and payment of a claim if a recommended settlement is not agreed to by the insured?
Who is covered?
Does the policy cover all owners, partners, shareholders and employees?	Does the policy cover an attorney's professional services performed for other than on behalf of the "named insured"?

Does the policy cover of counsel performing services on behalf of the "named insured"?	Does the policy cover predecessors in business?

Does the policy cover successors in business?	Does the policy provide innocent insured coverage?

Does innocent insured coverage apply to non-compliance issues?	What territory does the policy provide coverage in?

Is an Extended Reporting Endorsement available?	Is it available if either the insured or insurance company cancels or non-renews the policy?

Are re options available including unlimited?	Are costs and terms explained in the policy?
What doesn't the policy cover?
Does the policy contain an exclusion for claims for criminal, dishonest, fraudulent or malicious acts?	Does the policy contain an exclusion for claims for bodily injury or property damage?

Does the policy contain an exclusion for claims by one insured under the policy against another insured under the policy?	Does the policy contain exclusion for professional services if an insured is an owner, officer, director, trustee, partner, limited partner, manager, coventurer or employee of an outside entity for which the insured provides professional services.

Does the policy contain an exclusion for outside officers and directors activities?	Does the policy contain an exclusion arising from responsibilities, obligations or duties imposed upon fiduciaries by ERISA?

Does the policy contain an exclusion for a claim reported during the policy period arising from an act, error or omission or other circumstances which might give rise to a claim if an insured knew of such act etc. prior to the inception date of the policy?	Does the policy contain an exclusion for claims arising out of discrimination?

Does the policy contain an exclusion for a claim arising out of a certification of a signature without the physical appearance before the insured of the person signing the instrument?	Does the policy contain an exclusion for a claim arising from pollution, nuclear contamination, nuclear reaction or nuclear radiation?

Does the policy contain an exclusion for a claim for punitive or exemplary damages?	Does the policy contain an exclusion for a claim arising from insured's acts as a public official, salary officer or employee of a governmental body, subdivision or agency?

Does the policy contain an exclusion for a claim arising from a loss by an insured as a beneficiary of a trust or estate?	Does the policy contain an exclusion for investment or financial advise?

Does the policy contain an exclusion for a claim arising from S.E.C. or State Blue Sky work?	Does the policy contain an exclusion arising out of a claim where the insured knowingly rendered or failed to render professional services to two or more parties of divergent, varying or opposing interests, thereby creating an actual conflict of interest?

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