Claims Corner: We Are Here for You

We thank you for choosing us to insure your law practice.  While some of you have had claims, others have not.  Either way, do you know what should be reported? Do you know how to report a claim?  Do you understand the claims process?

First, what qualifies as a CLAIM under your policy?  In general, a claim is a demand made upon any INSURED for LOSS, including, service of suit, or institution of arbitration proceedings or administrative proceedings. 

Some examples of what you should report as a CLAIM are as follows:

If your firm receives a lawsuit, summons, notice of arbitration or mediation, or any other notice of legal process naming your firm or a firm employee, you should report this to us.  Similarly, you should report a verbal or written demand letter addressed to your firm or a firm employee seeking money or services in light of a contended error or omission.  A subpoena or request for documentation from your firm should also be reported.  Finally, you should also report a disciplinary or regulatory proceeding made against any firm employee.

What, then, qualifies as a POTENTIAL CLAIM?  A potential claim is any act, error, omission, circumstance, or PERSONAL INJURY which might reasonably be expected to give rise to a CLAIM against any INSURED; or any breach of duty to a client or third party which might reasonably result in a CLAIM against an INSURED.

Some examples are matters that your firm finds worrisome based on their unique circumstances, including conversations with your client or errors that you are aware you committed. You know your client best. If you get the sense that a particular client is not going to let an adverse outcome drop, or will make a claim against you, submit a POTENTIAL CLAIM.

Not every expression of disappointment by a client should be reported, but if it is accompanied by statements suggesting an error/omission by your firm, e.g., "But you told me we'd win at trial…" or "But you told me I'd have a different result…“ or “If the other side doesn’t pay this, I’m going to look to you…”

Still confused or uncertain? Pick up the phone and call us or your broker- or just submit the claim.

To report a matter, prepare as soon as practicable: 

• a description of the CLAIM or POTENTIAL CLAIM, 
• advise of the alleged WRONGFUL ACT  including date(s) it was committed, 
• a summary of the facts upon which the CLAIM or POTENTIAL CLAIM is based, 
• the alleged or potential damage that may result, the names of actual or potential claimants, 
• the names of INSURED(S) against whom the CLAIM was or may be made, and 
• the date and circumstances by which the INSURED(S) first became aware of the CLAIM or POTENTIAL CLAIM.

It is also useful for your claim handler if you provide a copy of any relevant materials, like a lawsuit, demand letter, or other communication.

You may email your initial written notice to [email protected].  That email address will place your initial notice directly into our new claim queue for setup as soon as possible.

After you submit your initial written notice, you will receive a written communication confirming receipt of your matter along with an indication of the name and contact information for your assigned claim handler.  You should expect your claim handler to contact you within 24 business hours of submitting your initial written notice to us. 

The claim handler will communicate with you to obtain information needed to investigate your reported matter.  Most likely, they will ask for documentation and if appropriate, defense counsel will be assigned.  If defense counsel is assigned, they will be mutually agreeable between us and your firm and will be selected from our list of Lawyers Professional Liability Preferred Counsel.  Our list of preferred counsel specialize in professional liability matters and you will be in good hands with them.

We are well respected in the market for our expertise and customer-centric claims service.  We have also been recognized as a top-tier commercial insurer when it comes to relationship management. In our latest customer survey, 95% of respondents rated our claims performance equal to or better than our peers.

As our policyholder, we have a formal written Claims Commitment to you. We aim for “no surprises” when handling claims, and our focus is on working together to resolve your claims in a way that enables us to build a long-lasting relationship with you.

You can expect your claim handler to be an attorney or an industry expert in lawyers professional liability claims.  They will manage your matter and work with you towards conclusion. 

For more information on our Claims Commitment, please follow this link: Our CorSo Claims Committment

¹ In general, a WRONGFUL ACT is any act, error, omission, circumstance, PERSONAL INJURY or breach of duty in the rendition of PROFESSIONAL SERVICES for others.

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