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Home > Blog > Solo Suspended Attorney wants to renew attorney malpractice policy
FRIDAY, JUNE 17, 2016

Solo Suspended Attorney wants to renew attorney malpractice policy

SuspendedFor a solo attorney, once the attorney is suspended from the practice of law, the lawyers professional liability insurance carrier will not renew insurance coverage.  The attorney malpractice insurance policy covers the work of a licensed attorney.  It a matter of public policy that insurance carriers cannot write insurance coverage where there is no exposure.  As the suspended attorney cannot practice law, the policy will not provide any ongoing coverage for acts done by the attorney while suspended.

With a lawyers professional liability insurance policy being a claims-made policy, this leads to the question about how to cover past acts.  The claims-made policy form generally gives to the insured the right to purchase an Extended Reporting Period Endorsement (ERP/Tail).  The ERP then provides coverage for past acts.  Problem is that most attorney malpractice policies take away that right with via exclusion for attorneys that have been suspended from practice.  With this exclusion, the only alternative for the suspended solo attorney is to make sure that they report any issues that they suspect might rise to the level of a claim prior to the termination of coverage. 

Posted 5:30 PM

Tags: legal liability, attorney malpractice insurance, lawyers professional liability insurance, attorney malpractice, claims made, prior acts, extended reporting period endorsement, erp, claims reporting
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