Coverage Question Series – Part 14
Post on June 29th, 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 represented my law partner in the divorce from his non-law partner and now he is making a demand against me for alleged malpractice in the divorce, am I covered?
Yes, under the new policy for all policies renewed on or after May 1, 2018! We have expanded coverage to include “Claims” arising out of “Professional Services” rendered in a lawyer-client capacity between two Insureds under the same policy. Prior policies specifically excluded such coverage.
Although we didn’t get much request from this by solo practitioners, they too benefit from this expansion in coverage. Insureds are not defined as only lawyers listed in the policy but also employees of the firm too. Did you help your administrative assistant divorce from his wife? His claim for allegedly failing to timely file the QDRO is not excluded simply because he also schedules events on your calendar.
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.