Attorney malpractice insurance policies cover lawyer professional services. Attorney malpractice insurance policies exclude coverage for attorney provided services requiring a separate license.
The ProAssurance policy has an exclusion for these services:
“any claim involving any Insured’s activities as a Certified Public Accountant, Insurance Broker or Agent, or Real Estate Broker or Agent;”
Insurers such as Everest define coverage under professional services but does not provide a specific exclusion for what's not covered:
“Professional Services means services provided to others by an Insured in their capacity as such:
1. as a licensed attorney in good standing or notary public;
2. as a mediator, arbitrator, or other neutral fact finder;
3. as a title agent pursuant to a written agreement with a licensed title insurance company, and provided that such title insurance company is not an Insured under this Policy;
4. as an administrator, conservator, executor, guardian, trustee, receiver, or in any similar court appointed fiduciary capacity, provided such services are performed in connection with and incidental to Professional Services provided by the Named Insured;
5. as an author, but only for the publication or presentation of legal research papers and legal writing materials or the presenter of legal seminars or materials, but only where such services are performed without compensation or for compensation less than $10,000;
6. as a member of a bar association or other ethics, peer review, accreditation, licensing or similar board, committee, or organization;
7. as a licensed attorney on a pro bono basis that is approved in writing in advance by the Named Insured or any Predecessor;
8. as a lobbyist or government affairs advisor;
Professional Services do not include:
(a) the providing or failure to provide any financial or investment advice or financial management: or
(b) services rendered as a real estate or insurance agent or broker or as a promoter, seller, and/or solicitor of securities, real estate, or other investments.”
To summarize attorneys that provide services that require a different license should not expect coverage under the attorney malpractice policy. Attorneys that have other licenses need appropriate errors and omissions coverage for those licenses.
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