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Coverage Question Series – Part 63
Post on July 19th, 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.

My client sued me to return fees I earned, am I covered?

No, but you may have other coverage if the client files a grievance for charging “excessive fees.” Who would have guessed it would cost your client $60,000 to get a $4,500 judgment in their favor? Now they’ve sued you, after they paid, for a return of those fees that they claim are “excessive.” And you even gave them a break on their fees for not charging for that one phone call. The policy specifically excludes coverage for any “Claim” for money damages for return of monies provided to an Insured for “Professional Services” rendered.

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 cmarsh@oblic.com if you have any questions!
Carl Marsh, Esq.
Claims Counsel