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Law Firm Insurance

What should I look for when choosing a malpractice insurance carrier?

Short Answer

Look for a carrier with strong financial ratings, experience insuring law firms, favorable policy language, responsive claims handling, risk management resources, and competitive tail coverage provisions.

Selecting the right malpractice carrier is a long-term decision that affects your firm well beyond the current policy year. The most important factor is the carrier's financial strength and stability. Check the A.M. Best rating, which should be A- or higher, and research how long the carrier has been writing lawyers professional liability. Carriers that specialize in attorney malpractice understand the nuances of legal practice and tend to handle claims more effectively than general commercial insurers.

Claims handling reputation is equally important. Ask your broker or colleagues about the carrier's responsiveness when claims are reported, the quality of defense counsel they assign, and their approach to resolving claims. Some carriers are known for aggressively defending their insureds, while others may push for early settlement regardless of the merits. Your preferences should align with the carrier's philosophy.

Evaluate the risk management resources the carrier provides. Many leading malpractice carriers offer hotlines for ethics and risk management questions, CLE credits, practice management tools, and sample engagement letters. These resources can help you avoid claims in the first place and may qualify you for premium discounts.

Finally, consider the carrier's commitment to the legal malpractice market. Carriers that enter and exit the market based on profitability cycles can leave you scrambling for coverage at renewal. Established carriers with a long track record in the legal professional liability space are more likely to remain stable partners over the life of your practice.

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