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ATTORNEY'S PROFESSIONAL LIABILITY INSURANCE TERMS GLOSSARY DICTIONARY
Welcome to Groveview Insurance Services
ATTORNEY'S PROFESSIONAL LIABILITY INSURANCE
Office location:
22910 Twain Harte Drive
Suite 101B
Twain Harte, California 95383
Mailing address:
PO Box 1267
Twain Harte, California 95383
Attorney Specialization - Lawyers who specialize in a particular branch of the law are held to a higher standard of conduct than a general practitioner.
California Policy Cancellation and Non-Renewal - The Cancellation and Non-Renewal Condition found in your policy form states the circumstances under which a policy may be terminated. The reasons for cancellation, the time notices required, the procedures to be followed, and the computation of return premium will all be outlined for your use. After having read the Condition you now turn to the California Amendatory Endorsement regarding policy termination. Here you may find that important parts of the Policy Condition have been deleted or expanded to be brought in line with the California Insurance Code. The point is that you must read both the policy condition and the Amendatory Endorsement to have a clear understanding of your rights and obligations.
Claim - A representative policy definition of Claim is a demand for money upon the insured, including service of suit, or institution of arbitration proceedings against any insured. However, depending on the policy the "Demand" may be defined as written or verbal or may simply be the insureds knowledge of an incident or circumstance that may lead to a claim. In the latter case insureds may be reluctant to report an incident to their carrier fearing a increase in premium or a non-renewal of their policy. However, in my opinion it is better to put your carrier on notice, than have your coverage put in question over a matter you will have to report in any case the next time you fill out an application.
Claims Made Policy - The claims made policy is the vehicle by which nearly all professional liability insurance is made available. Coverage must be in force not only when the claim is made but also when the alleged act, error or omission that results in a claim occurred, or there is no coverage.
Covered Damages - Means a monetary judgment, award or settlement for which the insured is legally liable resulting from the rendering of professional services. However, punitive or exemplary damages, multiplied portion of multiplied damage award, fines, penalties, sanctions, and return of insured's fees. are excluded from coverage.
Covered Defense Costs - Fees charged by any lawyer designated by the insurance carrier and other authorized fees, costs and expenses to investigate, adjust, defend or appeal of the claim against the insured. Claim expenses do not include salary charges or benefits of regular employees
of the insurer or supervisory counsel designated by the insurer.
Coverage for Past Partners or Employees - If an attorney leaves an ongoing firm that maintains its professional liability insurance he or she will still have coverage for his professional services performed on behalf of his old firm. If on the other hand, the old firm dissolves or fails
to maintain a current policy or obtain tail coverage there is no longer any coverage for a subsequent claim.
Deductibles - Deductibles generally apply to both claim expenses and indemnity payments made by the insurance company on behalf of the insured. It is hoped by the insurance company that the presence of a deductible will induce a positive effect on the loss prevention activities of the firm as it would have to share in any loss with the carrier. On the other hand, the insurer would not want to impose so large a deductible that the insured would find it difficult to pay. A higher deductible also has the effect of reducing the premium to the benefit of the insured. Some carriers offer Aggregate Deductibles where there is a maximum per policy year the insured will have to pay regardless of the number of claims. A few carriers have at time offered was is known as First Dollar Defense where the deductible applies only to covered damages but not to defense costs.
Defense and Settlement Procedures - Within policy limits the insurer has a duty to defend claims even if the are "false, groundless or Fraudulent." Any settlement or compromise negotiated by the insurer and acceptable to the claimant requires the consent of the insured. However, if the insured refuses to accept the settlement recommended by the insurance carrier, he is then responsible for any additional damages and claim expenses in excess of the amount the insurer and claimant had previously agreed upon. The selection of defense counsel is made by the insurance carrier. However as a practical matter, most carriers will consider the views of the insured regarding choice of counsel.
Exclusions - Exclusions are an important part of any insurance policy and often determine the choice of one policy over another. Even when exclusions deal with the same subject matter, the treatment may differ significantly from one policy to the next. The exclusions commonly found in attorney's professional liability insurance policies where coverage shall not apply are:
Intentional Dishonest, Fraudulent, Criminal or Malicious Acts - In connection with this exclusion it is important to find out if your policy will provide defense if such a claim is made against you, and secondly, coverage for Innocent Insureds remains in force.
A claim by any insured person or entity against any other insured person or entity - It was never the intended purpose of professional liability insurance to be involved in conflicts within a law firm. Law firms may wish to consider Employment Practices Liability Insurance if their is concern regarding issues of wrongful termination or sexual harassment.
A claim against any insured as the beneficiary or distributee of a trust or estate.
A claim for bodily injury or injury to or destruction of tangible property or resulting loss of use. - However, this exclusion does not apply to personal injury or bodily injury arising from personal injury in the rendering of professional services. Coverage for claims of bodily injury or property damage more properly fall under the Commercial General Liability policy.
Claims arising out of any insured's services or capacity as:
an officer, director, shareholder, partner, manager, trustee, owner or employee of a business enterprise, non-profit organization, charitable organization or pension, welfare, profit-sharing, mutual or investment fund or trust. -These firms or entities should maintain there own professional liability policies or be named on the insured's policy.
Public Officials, or an employee of a governmental body, subdivision or agency.
Continued - These organizations should obtain there own Professional liability insurance, except where a policy exclusion allows a lawyer to provide legal services to public service organization on a fee basis.
A fiduciary under ERISA of 1974 and its amendments or any regulation or order issued issued pursuant thereto, except if an insured is deemed to be a fiduciary solely by reason of legal advise rendered with respect to am employee benefit plan.- Attorneys who are involved in the investment of funds however require separate fiduciary liability coverage.
Discrimination - to any claim based on or arising out of the various forms of
discrimination as defined in the policy.- Depending on the form, this exclusion may
be broadly applied or limited to employment situations. Claims involving
discrimination in employment would properly be covered under Employment
Practices Liability Insurance. Some policies do not contain this exclusion but would
deny a discrimination claim contending that discrimination has nothing
to do with the rendering of professional legal services.
Other Exclusions - A number of other exclusions on a broad range of topics will be found in professional liability policies dealing with everything from investment advice to nuclear energy. You should contact your agent or broker for underwriter clarification should there be any question as to their application with regard to your practice or firm.
Extended Reporting Option - The extended reporting option, also known as tail coverage is available for the attorney who retires from the practice of law. This allows an attorney coverage for claims that are made after the policy has expired. However the claim resulting incident must have occurred before policy the policy expired. The policy limit available for claims is not reinstated and is limited to the available remaining limit. The premium for the ERO is based on the premium for the last policy year. It is a sliding scale based on the number of years tail coverage the attorney thinks is necessary.
Insured Individuals and Entities - The insured as defined in most policies is the Named Insured and any Predecessor Firm. It is extended to include any lawyer or professional corporation who is or was an owner, partner, officer, director, stockholder or employee, but only for professional services rendered on behalf of the Named Insured or Predecessor Firm. Any lawyer or professional corporation designated as "Of Counsel" or independent contractor while acting solely on behalf of the named insured may be covered with the permission of the insurance carrier. Lastly, coverage is provided for the estate, heirs, executors, administrators legal representatives of each Insured in the event of death, incapacity, or bankruptcy but only to the extent that the Insured would have been provided coverage by the policy.
Lapsed Coverage - Once a policy has lapsed for any reason all policy coverage ends regardless of whether or not coverage was in force at the time a claim triggering incident occurred. If at a latter date a new policy is obtained it will be difficult if not impossible to regain the lost prior acts coverage from the new carrier because of the potential moral hazard.
Lawyers Professional Liability Insurance - Insurance is provided in the form of a Claims Made Policy that covers monetary loss and expense of an insured attorney or law firm for legal liability in the rendering of professional services as defined by the policy. The policy also includes coverage for claims of unintended personal injury.
Policy Limits - It important that policy limits are adequate to cover both the cost of Defense and Damages. In choosing a limit the insured must consider any number of factors including size of firm, areas of practice, claims history, case size, and any other circumstance that will help him determine the maximum loss the firm may suffer in a worse case situation. Of course, higher limits increase the policy premium. However, since few claims rise to the level of maximum possible loss the extra charge for higher limits is on a sliding scale and therefore affordable. Policy limits are available on both a Single Limit and on a Per Claim and Aggregate basis. The latter allows for multiple claims up to a per claim limit that the insured has determined adequate for any one claim, and is less expensive than choosing a single limit to cover multiple claims, where no one claim exceeds the per claim limit. In other words, a single limit of $3,000,000 would cost more than a per claim and aggregate limit of $1,000,000/$3,000,000 and would serve no better in the described example. One final thought in choosing an adequate limit is that multiple claims that result from a single or related group of incidents will be considered as one claim under your policy.
Prior Acts Date - policies either contain a Prior Acts Date or are designated as having Full Prior Acts. The prior acts date is usually the same date from which continuous coverage was first obtained by the current or predecessor firm. Claims triggered by events occurring before this date are not insured. If a firm changes insurance carriers, it is important that the same prior acts date appears on the new policy. The Prior Acts date is also referred to as Retroactive Date.
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Do you
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Naturally,
no one expects to be sued, but as an independent professional
or small business owner, you could be. You're being hired
for your stated expertise. Clients rely on your knowledge
to help them move their businesses forward, and you're liable
for any mistakes you might make. As independent professionals
began playing such a critical role in the economy, claims
against them rose due to the exposure. So no matter how careful
you are or how solid your client relationship is, it's better
to be safe than sorry and purchase professional liability
insurance.
Professional
liability insurance (also known as Errors and Omissions or
E&O insurance) provides protection against loss incurred
by the insured's negligent act, error, or omission. Claims
that result from dishonest, fraudulent, criminal, or malicious
acts by the insured, or from libel and slander are specifically
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Benefit: Your IARP membership now provides professional liability
insurance. This exclusive IARP offering includes:
Insurance protection up to
$1,000,000.00 per claim, $3,000,000.00 aggregate for each member.
Coverage extends to both
Reiki Practitioners and Reiki Master Teachers.
Coverage is afforded
wherever you practice as long as the claim or suit is brought in the United
States, its territories or Canada.
The insurance policy
protects you against a variety of malpractice suits for Bodily Injury, Personal
Injury, Property Damage and Advertising Injury resulting from services
provided.
PLUS:
Our professional liability
policy is written on an Occurrence Form and covers incidents while you are
insured through the association.
Our program includes a
Duty to Defend against insured allegations of malpractice, even if the suit is
groundless, false or fraudulent.
Our program includes up to
$500 for loss of earnings each day you attend a trial, hearing or arbitration
proceeding involving a civil suit against you when asked by the
company.
Special Provisions and
Conditions: There are other coverage you may wish to consider purchasing from
your local insurance agent as they are not covered under this policy. A
sampling of these, which are also exclusions of limitations on our form,
include: Contents and general liability as part of a package policy; Workers
compensation insurance to cover injuries to your employees; Liability assumed
under contract or for failure to fulfill contract; Services you may provide
that are not authorized or permitted by law or outside your Reiki Practice;
Claims alleging physical or sexual assault, or claims of abuse or molestation;
Advertising injury if it involves failure to perform a contract or wrongful
description of your services; Claims alleging refusal to employ or termination
of employment, harassment, discrimination or other employment related
practices; Fines or penalties. Like all insurance policies, coverage is
limited to the terms and conditions noted in the policy. Each member will
receive a personalized Insurance Certificate. How the Professional Liability Insurance Program benefits
you. It is unfortunate but a reality that we do live in a
litigious society. First and foremost, it is important to protect yourself and
your family from financial ruin should a lawsuit occur. Also, the program
provides a level of credibility for Reiki that did not exist before in the eyes
of the medical and healing profession communities and the general public. Plus,
hospitals and other professional medical settings most often require Reiki
Practitioners to have liability insurance to practice in these settings. This
opens up new doors for Reiki . The IARP Professional Liability Insurance
Program covers Practitioners as well as Teachers and it is international. It
will cover you wherever you live in the world and will cover you if you travel
outside of your home state or country to practice or teach. Also, ours is the
only program that recognizes Reiki as a modality in its own right. This is
significant in our quest to help keep Reiki free from inappropriate legislation
We are very pleased to have secured this program
for IARP members. You will help to protect yourself while you practice our
beautiful and beneficial healing art and help to raise Reiki to a new level of
independence, professionalism and respect. Our insurance carrier is of the
highest rating, A++, and we are pleased to be in partnership with them on this
fine program. The program is a must for anyone wishing to practice in hospitals
or healthcare settings. We consider this program a must for anyone who
practices Reiki professionally. Professional Liability Insurance is included in
all new IARP memberships.
Join the IARP today! You are an important part of our global family.
See 'Membership Information' .
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Defending The Design Professional In Wrongful Termination Claims
DATE: May 2002
AUTHOR(s): John Slimm
In New Jersey, parties to a construction contract are free to determine that the architect's decision will be final and binding with respect to termination of the contractor. Ingrassi Construction v. Vernon Township, 345 N.J. Super. 130, 137 (App. Div. November 8 2001). See, e.g., Lane v. Geiger-Bergen Associates, 608 F. 2d 1148, 1151 (8th Cir. 1979). That is as well its consequence if arbitration is contractually provided for, but not demanded. See, e.g., Fabritzio v. Fabritzio, 133 Conn. 108, 48 A. 2d 375, 376 (1946).
read article
Why Read Your Policy? New Jersey Eliminates The Policyholder's Comparative Fault In Broker Liability Cases
DATE: May 2002
AUTHOR(s): William Krauss
In Aden v. Fortsh, 169 N.J. 64, 776 A. 2d 792 (2001) the New Jersey Supreme Court ruled that a policyholder's failure to read his policy should not be considered comparative negligence in a professional malpractice action brought by the policyholder against his insurance broker.
read article
The Thorny Path Through Undue Familiarity Claims
DATE: May 2002
AUTHOR(s): Michael Kandler, Bruce Brady
This article addresses many of the common issues concerning professional liability coverage and trial strategy that arise in cases of alleged undue familiarity.
read article
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Professional liability insurance for NBCC certificants (National Board of Certified Counselors)
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Counselors need professional liability insurance. Take advantage of affordable coverage available through NBCC.
No matter how cautious your approach to counseling, no matter how diligent
your practice, you must be prepared to face the unexpected. The National Board
for Certified Counselors (NBCC) endorsed professional liability insurance is
specifically designed to protect counselors in the event of a lawsuit.
Whether you’re employed, self-employed,
work full time or part time, having your own professional liability policy will help you
defend yourself. The program is available to individuals and groups of all sizes and each
policy is customized to meet your specific needs.
NBCC Certificants Benefit From
Occurrence form coverage
Defense coverage for legal fees from a professional suit or claim
General liability/supplemental liability coverage
Defense costs for licensing board and civil investigations
Our professional liability program for counselors is currently written by a leading, top-rated provider of property and casualty insurance.
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Professional Liability Insurance-Highlights
Highlights
Covers You Whether You're Self-Employed or Part of
a Small Firm
Your Passport to Safeguarding Your Future . No matter how well
you design it, you can still be sued. As a mechanical engineer, you risk
being sued every time you work on a project. And regardless of how well
you've done your job, you'll spend valuable time and hard-earned money
to defend yourself in a lawsuit.
As an engineer, your biggest challenge today is finding liability insurance
for which your practice area qualifies. In fact, many insurance companies
do not offer coverage for any engineering practice areas. Seabury & Smith,
working together with your society, has developed the ASME
Professional Liability Program to counter risks you face and protect you
for negligent acts, errors and omissions.
PRACTICAL HELP
Helps you get the protection you need if you're self-employed or work
in a small firm.
Also offers coverage if you're employed but do some "Moonlighting"
in addition to your regular job.
VALUABLE BENEFITS
Available in All Areas of the Country
Locating coverage that's available in your state is often a real challenge.
Plans are frequently not available in all areas of the country, and
the ASME Program is!
Designed for Firms with Annual Billings Up to $1,000,000*
The Program offers coverage to firms with annual billings up to $1,000,000,
as well as to employed engineers who provide engineering services
(with annual billings up to $100,000) outside their employment arrangement.
Expert Legal Counsel to Represent You
You're never alone if you're summoned to court. The ASME
Professional Liability Plan pays the cost of experienced counsel and
other claim expenses, up to your chosen liability limit. In fact,
you don't even need to shop for a lawyer; expert defense counsel will
be retained for you.
Negotiated Member Only Rates
ASME negotiates competitive rates for its members.
Then it goes on to save you money in two important ways. First, your
premium is based on YOUR annual gross billings and more fairly reflects
your risk. Second, it's step-rated to start out low, then gradually
increases each year until the fifth year, where it levels off.
*
Please note the ASME
Professional Liability Program is not designed to insure high exposure
practice areas that involve pollution, asbestos, nuclear exposure,
or products with multiple end users. The policy terms and conditions
will govern coverage at the time a claim is made. Please read the
policy carefully. All terms are subject to underwriting. For information
about Plan features, cost, eligibility, renewability, limitations
and exclusions, please refer to the Professional Liability Program
Information.
For information about Plan features, cost, eligibility, renewability,
limitations and exclusions, please refer to the Professional
Liability Information .
Underwritten by Certain Underwriters at Lloyd's
of London .
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