What insurance coverage do attorneys need for remote work?
Short Answer
Remote work does not change your malpractice coverage needs, but it creates additional exposures around cybersecurity, home office liability, and data protection that require attention in your cyber liability and business property policies.
The shift toward remote and hybrid work arrangements has not fundamentally changed malpractice insurance requirements, as professional liability coverage follows the attorney regardless of where they perform the work. However, remote work introduces operational risks that affect other lines of coverage and may influence your malpractice carrier's underwriting.
Cybersecurity is the most significant concern. Attorneys working from home may use unsecured Wi-Fi networks, personal devices without encryption, or consumer-grade cloud storage that does not meet security standards. Your cyber liability policy should cover data breaches regardless of where they originate, but your carrier may require that remote workers follow specific security protocols including VPN usage, multi-factor authentication, encrypted devices, and approved cloud platforms. Failure to enforce these standards could affect your coverage in the event of a breach.
Business personal property coverage under a standard business owners policy typically covers equipment at the primary office location. If attorneys take laptops, monitors, or files home, confirm that your property coverage extends to equipment and documents at remote locations. Some policies include automatic coverage for property temporarily away from the premises, but permanent remote arrangements may require an endorsement.
Workers compensation also intersects with remote work. Injuries sustained while working from home during business hours are generally covered under workers compensation, but the boundaries between work and personal activity become blurred. Establish clear remote work policies that define working hours and workspace expectations. From a general liability perspective, client visits to a home office could create premises liability exposure not covered by the attorney's homeowner's policy, so consider whether your commercial general liability policy needs to address this scenario.
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