Are you an Employer?    Attract the Best Candidates with Smart Job Postings! Search Legal Resumes
Legal Jobs Board for Attorneys, Law Students & Legal Staff | Serving USA & Other Countries | LawCrossing

 
Job Seekers?   

Need Help? Call (800) 973-1177 
ATTORNEY JOBS
LAW STUDENT JOBS
LEGAL STAFF JOBS
Download LawCrossing Online Apps: Apple iOS
 
See Law Jobs We Have Recently Researched and Located for You
What Where
Show Recruiter Jobs  

Show Refreshed Jobs  



Search in Job Title Only
Location 
Job Type:
Employer Type:

+ Browse Legal Jobs     + Advanced Search     + Search Tips     + Upload Legal Resume
Legal Jobs >> Legal Articles >> Feature >> Understanding Malpractice Insurance For Attorneys
  • Feature

Understanding Malpractice Insurance for Attorneys



Professional malpractice suits are an occupational risk for attorneys. Regardless of honesty and diligence, no attorney works in isolation, but the attorney is ultimately accountable for many processes including aspects of the project handled by others. Grievances are common because the cultural stereotype of attorneys declares attorneys to be shrewd money-making machines devoid of emotions and humanity. However, attorneys are also humans, they make mistakes like other humans Malpractice insurance for lawyersdo, and attorneys have to pay for their mistakes.

Professional malpractice insurance for attorneys reduces occupational risks and stresses caused by the ever-present shadow of malpractice suits to an extent. This ‘extent' is defined by the insurer's policy. This is the reason why attorneys need to focus on the small print and different policies regarding professional malpractice insurance, and attorneys need to understand all potential implications of each policy guaranteeing coverage.

The common components of a professional malpractice insurance contract

Though there are many different insurers providing malpractice insurance coverage and each insurer has a number of different policies. Further, most professional malpractice insurance contracts have a number of common components. These include: the application, the declaration sheet, the insurance policy, and the endorsements. Again the main insurance policy itself can be broken down into the following common components: Definitions, Coverage Agreements, Exclusions, Defense and Settlement Provisions, Limits of Liability, and Conditions. To properly understand the implications, advantages and disadvantages of professional malpractice insurance policies, an attorney needs to understand each of these components thoroughly in any given policy, before committing to one policy.

Some tips to follow regarding a professional malpractice insurance contract

  • Be truthful: do not withhold any relevant information in the “application” part of the contract and do not leave any fields blank.
  • In trying to be truthful, do not articulate responses in a manner that urge the underwriter to decline the contract. If there are high-risk activities in your line of practice focus on the commonality of these risks, so that the underwriter can reasonably grant coverage.
  • Disclose all past claims, circumstances, mitigating factors, and remedies obtained. Clearly show your awareness of the existence of risks and the steps you normally take to reduce or eliminate these risks.
  • Thoroughly comprehend the different parts of the insurance policy including definitions, coverage agreements, exclusions, defense and settlement provisions, limits of liability and other terms and conditions.
  • Read and re-read the “exclusions” part to understand the full contractual implications.
  • Also, thoroughly read the specific limits of liabilities spelt out in the insurance contract.
  • Do not miss the “conditions” section because providers include activities that the insured party needs to undertake in order to claim insurance.
Be very sure of the clauses in the insurance contract
Related Article
Information is always a key asset for Attorneys

Our recruiters discuss the importance of gathering information about the job market - whether you are happy in your current situation or not - as it is a crucial part of ensuring your career stays on the right path. ....

LawCrossing Announces Hiring Demand for Attorneys in 2005 Increased Substantially Across the U.S.; Need for Many Legal Staff Practice Areas Flounders



LawCrossing Announces Hiring Demand for Attorneys in 2005 Increased Substantially Across the U.S.; Need for Many Legal Staff Practice Areas Flounders Gallop Johnson expands intellectual property group Crowell & Moring adds three litigators to white-collar defense group Latham & Watkins selects 30 partners ....

LawCrossing Announces Hiring Demand for Attorneys in 2005 Increased Substantially Across the U.S.; Need for Many Legal Staff Practice Areas Flounders

....


While an insurance company is proposing coverage, the insurer is actually making nothing more than “an offer” to cover you, and most of the clauses in an insurance contract are intended to advertise that offer to make the sale, and provide “actual coverage” for the insurer. Thus, those clauses are intended to protect the interests of the insurer more than the interests of the insured – which is natural, because professional malpractice is an attorney's occupational risk and insurers make a business out of that ever-present risk.

Your best insurance against a professional malpractice suit is to be careful and aware about rules of professional misconduct and not engage in any action that may put you at risk. However, insurance contracts are essentially contracts of adhesion, so in any dispute between an insurer and the insured, conventionally the insured receives the benefit of doubt.
Share      
     
Rate This Article
   View top rated articles

Printable Version    Printable Version PDF Version    PDF Version Email to a Friend    Email to a Friend
Comment    Post A Comment View Comment    View Comment Discuss    Discuss

Featured Testimonials

LawCrossing has a large quantity of jobs which are updated very frequently--ensuring freshness.
Mandie

Facts

LawCrossing Fact #169: Give up that one coffee a day and pay for your site membership insteadyou are sure to find some great new job opportunities!

"We want to hear your thoughts. Please comment on this article (below)!"

Comments


Article ID: 7916    

Article Title: Understanding Malpractice Insurance for Attorneys

Comment not found for this article.

Comment Comment

Facebook comments:


total jobs
94,504
Upload Your Resume
New Legal Jobs in Last 7 Days
9,450
Facebook Twitter
job search tip
Get a haircut before you go on any major interview.
LawCrossing



The Job Search Program that Guarantees Success.
Our career counselor creates a tailor-made job search strategy for you and walks you through every step of the process.
Create your unique brand for just $2,495!
2013 Most Influential Legal Recruiter Rankings
Get the ranking

Your privacy is guaranteed. We will never give out, lease, or sell your personal information.




Shoot for the moon. Even if you miss it, you will land among the stars.