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Coverage Question Series – Part 6
Post on May 4th, 2018
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-1r; refer to your specific policy and any endorsements attached thereto that may change coverage or the answers provided.


I just found out my partner has been lying about work he has performed for clients, am I covered?

We have seen this happen too many times. Failing to perform work can lead to a whole host of malpractice problems for the attorney facing mental health, or other issues, as well as problems for the firm as a whole. The OBLIC policy waives common exclusions for dishonest, fraudulent or criminal acts or failures to act for the firm and other attorneys under the policy IF they did not personally participate, acquiesce, or remain passive after having personal knowledge of the issue. While the policy excludes coverage for claims against the culpable attorney for return of client funds, and limits coverage against theft of client funds up to $50,000, we will stand behind those insureds who were not involved with nor knew about the problems.

Practice Pro-tip. If you suspect that a partner, or any other attorney in the firm, is suffering from depression or substance abuse issues, call OLAP. Ignoring the issue, or trying to rationalize the behavior, never ends well for you, the suffering attorney, or your clients. Get them the help they need, review their case files, and make sure the clients aren’t harmed. You should also call us, as we can certainly help. We are in the business of providing the protection you deserve.

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.
Please contact me at [email protected] if you have any questions!
Carl Marsh, Esq.
Claims Counsel