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Law Firm Insurance

How do you convert insurance from a solo practice to a partnership or firm?

Short Answer

Converting from solo to partnership requires transitioning from an individual professional liability policy to a firm policy that covers all partners. Coordinate the retroactive date to cover each partner's prior work, address entity changes, and ensure the new policy's limits reflect the combined risk profile.

Growing from a solo practice to a partnership or firm is an exciting milestone, but it requires careful insurance restructuring to avoid coverage gaps. The transition involves more than simply adding names to your existing policy.

The first step is determining whether to convert your existing solo policy to a firm policy or obtain a new firm policy. Most carriers can convert a solo policy to a firm policy by endorsement, adding the new partner or partners as named insureds and adjusting limits and premium to reflect the expanded firm. This approach is generally preferred because it preserves your existing retroactive date.

If your new partner was previously insured under their own solo policy, their coverage must be coordinated with the new firm policy. Ideally, the firm policy's retroactive date should extend back to the earliest date that either attorney began practice, covering both partners' prior work under a single policy. The incoming partner should either purchase tail coverage from their prior carrier or confirm that the new firm policy's retroactive date adequately covers their prior acts.

The firm entity structure affects insurance requirements. If you are forming an LLC, LLP, or PC, the new entity is the named insured on the policy, and the individual partners are covered as insured persons. Some carriers require a new application when the entity changes, even if the attorneys remain the same.

Policy limits should be reevaluated when adding partners. Two attorneys practicing together generally need higher limits than either would individually, both because the combined revenue and client base increase exposure and because the partnership has more assets to protect. A common approach is to increase per-claim limits by at least 50% when adding the first partner.

Premium impact varies by carrier. Adding a partner with a clean claims history and compatible practice areas typically increases premium by 50% to 80% of the solo rate, reflecting the additional attorney and increased limits. Adding a partner with prior claims or a high-risk practice area may result in a larger increase or additional underwriting requirements.

Notify your carrier at least 30 days before the partnership becomes effective to ensure the policy is properly endorsed on the transition date. Operating with an unconverted solo policy after forming a partnership can create coverage disputes if a claim arises.

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