OBLIC has received several inquiries recently whether the policy provides coverage for an OBLIC-insured attorney rendering an opinion as an expert witness. Does such activity fall within the definition of “Professional Services” covered by the policy? The policy states in relevant part that ‘“Professional Services” shall be deemed, for purposes of this policy, to include all services or activities performed by or on behalf of the Insured in a lawyer-client capacity.’ If the lawyer is employed to provide an expert opinion as a lawyer, then OBLIC will deem such employment to include services or activities performed “in a lawyer-client capacity,” subject to the other terms, exclusions and conditions of the applicable OBLIC policy. It is suggested that the insured attorney have a specific fee agreement with the attorney or firm retaining the insured (client) to provide the expert opinion which would set out the parameters of the employment. Please feel free to contact Fred Hunker or Gretchen Mote at OBLIC if you have any questions regarding this issue.
Coverage Question: Does My OBLIC Policy Cover Me As An Expert Witness?
Post on June 1st, 2011