Coverage Question Series – Part 41
Post on February 8th, 2019
This is a continuing series in which we address policy coverage questions that we routinely discuss with you and your colleagues. The answers provided are based on the basic policy form, currently LPLP-1s (effective for all policies new or renewed as of May 1, 2018). Refer to your specific policy and any endorsements attached thereto that may change coverage or the answers provided here.
I received a criminal indictment arising out of my practice, am I covered?
No. We like to believe that very few, if any, of our insureds expect a criminal indictment as normal course of business in the legal career. However, that belief does not stop those situations from occurring.
The policy form does not apply to “any criminal, dishonest,” fraudulent, “willful, intentional,” malicious acts or failures to act. EXCLUSIONS, (a) & (b). In addition, criminal charges and proceedings are specifically excluded from the definition of “Claim.” Therefore, there would be no defense or indemnity coverage for criminal indictments even if they are arising out of your practice of law.
As you should expect, these Q&A scenarios are based on simple hypotheticals. Coverage determinations for an actual claim are ultimately based on the unique facts, applicable law, and the Terms, Conditions, Limitations, Exclusions, and Endorsements of your policy.
Carl Marsh, Esq.