Attorney Protective FAQs

Why does the financial stability of my carrier matter?

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When you choose an insurer, you want financial strength. When you're looking for a legal professional liability carrier you want a carrier that is strong enough not only to take care of your needs today, but will be positioned to serve your needs tomorrow. This is important because even though your claim is reported today, it may take years to be resolved through the courts. The Attorney Protective program includes a policy issued by National Liability & Fire Insurance Company, which has a rating of A++ from A.M. Best. We're proud to be part of the Berkshire Hathaway group of insurance companies.

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What is the financial stability of  National Liability & Fire Insurance Company?

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The Attorney Protective program is underwritten by a member of the Berkshire Hathaway group of insurance companies, National Liability & Fire Insurance Company, which enjoys an A.M. Best rating of A++.

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Can you tell me more about the A.M. Best A++ financial rating?

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A++ is the highest financial credit rating obtainable from A.M. Best. As an insured in the Attorney Protective program, you can rest assured that your insurance coverage is backed by a company that is financially sound and strong. For more information about A.M. Best's rating system, please visit www.ambest.com. The Attorney Protective program is underwritten by National Liability & Fire Insurance Company, which enjoys an A.M. Best rating of A++.

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What is a Collaborative DefenseSM?

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A Collaborative Defense refers to policy provisions that reward you for partnering with us for the best claims results. We believe the smartest approach to handling your claim is to work together, in a timely manner, to achieve the best results for both us and you. That is why we have incorporated into our policy opportunities for partnering that slice your deductible in half (see specific policy terms)! But a Collaborative Defense is also our approach to handing claims in general – working with you to achieve the right result.

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Do I really need malpractice insurance?

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Defending a lawsuit can be very expensive even if you settle. Your business practice inherently puts you at risk of being sued for malpractice. Although you trust your good intentions and solid risk mitigating capabilities, a lawsuit can surface at any time and sometimes for no good reason. According to the ABA Standing Committee on Lawyers' Professional Liability, both the numbers of claims being paid and the amount being paid are on the rise. Given the current economic conditions, the ABA and others are expecting even more increases in field claims and suits.

Protecting your assets is one of the most important things you can do for yourself and your family. Clearly, everyone recognizes the importance of insurance in our everyday lives.  We protect ourselves against many personal risks by purchasing coverage that protects our homes, our automobiles, and our lives. Your reputation, and the business built upon it, is the asset that supports all other aspects of your life. As such, it needs insurance protection as much or more than the other assets you insure. Call your broker today to discuss your legal liability insurance options and best interests. If you do not have a broker, contact us at (877) 728-8778 and we can direct you to one.

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How much insurance coverage do I need?

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How much insurance coverage you should purchase will depend on the unique characteristics of your practice and the value of the assets you want to protect. Some important considerations include the size of matters you handle, the likelihood of more than one claim being made and the number of lawyers insured under your policy. You should contact your broker to discuss this important issue.

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What happens when I have a claim?

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Being sued for malpractice can be emotional, even traumatic. After all, you believe in your work product, and never intended to have a claim. Also, not everything stops, so, you must keep working while the claim is pending. When you get sued for malpractice, you will want the backing of a company that has expertise handling malpractice claims. As an insured purchasing coverage through the Attorney Protective program, you will be given easy instructions how to notify us and your agent of your claim. The process will be handled by experts allowing you to maintain focus on your practice. Most importantly, we will work together collaboratively for the best results.

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What is included in the definition of legal services?

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The policy's definition of legal services is intended to cover what most attorneys do in the modern practice of law and includes services provided as the following, subject to the specific provisions of the policy:

  • An attorney or notary public
  • An arbitrator or mediator
  • A title insurance agent
  • A government affairs lobbyist or advisor
  • An administrator, conservator, executor, guardian, trustee, receiver, or in any similar court appointed fiduciary capacity (see policy particulars)
  • An author of legal research papers, including CLE, where remuneration is less that or equal to $25,000
  • As a member of a bar association or other legal or attorney related ethics, peer review, accreditation, licensing or similar board, committee or organization.
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Who is covered under the policy?

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The policy's definition of insured specifically identifies the type of individuals within your practice who are a part of providing services to your clients on your behalf and includes the following, subject to the specific provisions of the policy:

  • The named Insured and any predecessor firm specifically named as such
  • Any present partner, principal, officer, director, shareholder, or employed lawyer of the Named Insured acting on your behalf
  • Any past partner, principal, officer, director, shareholder, or employed lawyer of the Named Insured acting on your behalf
  • Any lawyer who acts as Of Counsel to Named Insured and is designed as such
  • Any non-lawyer employee or independent contractor acting on your behalf and providing legal services
  • The estate, heirs, executors, administrators, assigns and legal representatives of any Insured
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How do I apply for coverage with Attorney Protective?

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Please visit our applications page to learn more about how to apply with Attorney Protective.

Do you have any general information about legal malpractice insurance?

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Please reference our publication, A Guide to Legal Malpractice Insurance, for information about common terms, an introduction to legal malpractice insurance, information on evaluating an insurance carrier's financial strength, and suggested questions to ask insurance carriers.

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