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Sometimes disputes happen between attorneys in a law firm.  Even to the point of filing malpractice claims against each other.  Lawyers Professional Liability Insurance policies are not intended to cover these disputes.  The typical exclusion for this is the type found in the current AXIS Insurance Company Attorney Malpractice Policy:

“5.Insured versus Insured.  For the purpose of this exclusion, the term insured” shall mean you.”

This policy does not apply to any claim made by one or more insured against another insured unless

an attorney/client relationship exists between such insureds.”

 

In some cases an Attorney Malpractice policy will have some coverage for employment practices defense coverage.  In this case the exclusion would not extend to that coverage.  It should be noted though that the Employment Practice coverage is normally “Defense Only.”  If coverage is afforded for Employment Practices, the following is a typical section from the current MedMarc Insurance Policy:

“5.8.1. The Company will pay up to $7,500 for the reasonable fees of an attorney assigned by the Company, or with the Company’s written consent, to defend an Insured against claims involving employment practices, provided that such claim:”

 

Outside of employment practices defense, Malpractice Insurance carriers generally will not provide any coverage for internal disputes between attorneys in their own law firm.

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