Coverage Question Series – Part 31
Post on November 30th, 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 am taking court assignments as a mediator, am I covered?
Yes! The OBLIC policy’s definition of “Professional Services” specifically includes “services performed by the Insured as an arbitrator, mediator, certified parenting coordinator, lobbyist, or government agency hearing officer.” This definition was expanded with policy form LPLP-1s (05-2018) to meet the common concerns of lawyers providing legal services outside of the traditional attorney-client relationship. As can be expected, even in your non-traditional relationship, you must still be providing such services for others in the capacity of a lawyer in order for coverage to apply.
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.