Coverage Question Series – Part 17
Post on July 20th, 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.
The opposing party filed a motion for Rule 11 sanctions and frivolous conduct against me and my client, am I covered?
No, there is no coverage is provided for such “Claim.”
Your long-time client brought an allegation of conspiracy involving his former employer, the judge that ruled against him in his custody dispute, and his former counsel from ten years ago, and insisted he wants you to make these people pay for ruining his life, no matter what it costs. When the inevitable motion for sanctions against your client for frivolous conduct is filed and you find yourself also included as a target, you better hope that the checks from your client were enough to cover your own defense costs. The policy does not apply to any “Claim” for money damages for violation of any statute, rule, or common law designed to deter frivolous conduct by any party.
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.