Disciplinary Actions Against You

Today, a lawyers malpractice insurance policy is usually written with several different types of ancillary coverages included in the policy.  These are benefits that are in addition to the coverage for the actual or alleged act of malpractice.  

One of these benefits found in most policies is coverage for disciplinary proceedings.  Based upon what I have seen, the disciplinary coverage is one of the most beneficial coverages in the ancillary category.  Most policies that offer this type of coverage will have a sublimit available to the insured.  This sublimit of coverage can range anywhere from $10k to $250K, some will offer this in the form of a per proceeding limit with a policy maximum while others will offer the limit as a policy aggregate.  

Also, some carriers will specify that the deductible will apply while others will specify that the deductible does not apply.  A nice feature.  Accessing this type of coverage is similar to reporting a claim, you must report to the carrier as soon as you are aware of the disciplinary action against you.  Late reporting can cause declination of coverage.

Having to appear or to report to the disciplinary board can be nerve racking experience.  If this happens to you make sure you retain counsel to assist you and notify your insurance carrier to report the issue.  Don’t represent yourself, obtain counsel and use your policy coverage to assist with the costs.

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