< Back
Coverage Question Series – Part 11
Post on June 8th, 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.
A client just sued me for work I completed 20 years ago, am I covered?

Maybe. In terms of coverage for the claim for work 20 years ago, we look to the “Effective Date” of the policy, i.e. “the date on which coverage became effective under the first policy issued by OBLIC and continuously renewed.” This is different than “Policy Period.” If you have you been an OBLIC insured continuously for 20 years (If so, thank you!), you meet the requirements of “Effective Date” for that act on June 8, 1998.

Even if you weren’t an OBLIC insured 20 years ago, you may have purchased Prior Acts Coverage when you purchased your OBLIC policy. That Prior Acts Coverage (addressed in the negative via an Exclusion added to the policy) grants you coverage under your current policy for claims arising out of acts, errors or omissions back to a specific date, i.e. the date before which all prior acts are excluded. If a Prior Acts Exclusion is not added to your policy, or you are not named therein, then it is safe to assume you have coverage for all prior acts, errors or omissions. You, of course, need an active policy at the time the claim is made and reported  in order for there to be any possibility of coverage, unless you have purchased a “tail.” If you are not yet confused, then ponder what lessons have been learned, or not, from special counsel investigations of sitting presidents occurring roughly 20 years apart – certainly a more sexy topic than insurance coverage!

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