Coverage Question Series – Part 25
Post on October 19th, 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-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.
I just received a subpoena to provide documents and testify about work I did for a client, am I covered?
Yes, subject to the OBLIC’s discretion. Your former client subpoenaed you to testify at an upcoming 60B hearing. After sending you an accusatory email, they request that you kindly admit that it was you, and definitely not the client, that forgot to include a previously undisclosed asset during the drafting of the separation agreement. Contact OBLIC when you receive the subpoena. We can assist with engaging defense counsel and possibly take proactive measures to prepare for the inevitable malpractice claim when the client loses their motion to vacate.
Defense costs incurred under Subpoena Assistance are NOT subject to the deductible.
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.