Coverage Question Series – Part 56
Post on May 24th, 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.
The Office of Disciplinary Counsel sent me a letter of inquiry after receiving allegations of misconduct, am I covered?
Yes, under a specific benefit in the policy! Your policy will reimburse you up to $5,000 of reasonable fees, costs and expenses for the lawyer of your own choosing. Although we would be happy to provide you with a list of referrals, we want you to have the choice of outside counsel when you face disciplinary actions. Did an unhappy client file a disciplinary complaint full of lies? Contact OBLIC and then get experienced counsel to assist with the response.
No deductible applies to this limited coverage!
If the letter of inquiry becomes a formal complaint filed by the certified grievance committee, disciplinary counsel, or similar disciplinary authority, OBLIC will reimburse up to an additional $15,000 of reasonable fees, costs and expenses for legal services charged by your defense counsel.
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.