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The world of insurance for law firms can be confusing, and difficult to navigate. We've created this glossary because these common insurance terms should be easy to understand.
The thought of having a claim made against you is daunting. Don't risk your future with just any insurance provider.
You deserve the freedom that comes from knowing you have a partner that understands what it takes to be successful.
Ditch the printer and stop emailing forms back and forth. Apply, pay, and renew online. You can even file a claim online. Spend your valuable time with your clients, not on your malpractice insurance.
With dedicated experts in legal malpractice insurance, ALPS makes it easy to get the information you need. However, if you want to speak with a live person, you can relax knowing we've got your back.
It can be confusing to know what matters the most when choosing a legal malpractice insurance company. Gain the confidence that comes from clearly knowing how simple it is to protect your firm.
We get it. The price of your policy is important to you. Use the ALPS Lawyers' Professional Liability Insurance Price Calculator and get a range for your firm.
It's free. There's no obligation. Sounds like a win to us!
Do you ever wonder what goes into the cost of your insurance? Check out our resource, "The Top 5 Things That Impact the Cost of Your Insurance." Download your copy here.
You deserve simple, straightforward protection. ALPS’ flagship product is our professional liability insurance for lawyers. It provides broad coverage and is fairly applied. You can count on our financial strength to back up our promise to our policyholders in the event of a claim.
Our three different policies offer options that meet you where you are as a firm. Check out the most commonly referenced policy features below:
Designed for the first-time policyholder or a brand new law firm.
Ideal for seasoned attorneys
(from solo to 3 lawyers)
Great fit for a 4+ attorney firm
with limits at $2M or higher
Check out the an in-depth comparison of policy features below:
ALPS Basic | ALPS Preferred ★ Most Popular | ALPS Premier | |
---|---|---|---|
Coverage Features | |||
All claims handled by licensed attorneys |
✔ | ✔ | ✔ |
If a claim does arise, you want real, practical experience on your side. ALPS policyholders that have a claim made against them partner with one of our licensed claims attorneys - not an adjuster. With over 140+ years of combined experience in legal malpractice insurance, every single attorney has actual law practice experience as well. We know where you’re coming from as an attorney in private practice. | |||
Scope of professional services covered |
Includes mediators, court-appointed family investigators, notary public | Includes all services covered by the Basic Policy + title insurance agents, author/presenter of legal materials, lobbyists | Includes all services covered by Basic and Preferred Policies + expert witness |
One of the key terms to understand in any LPL policy is Professional Services defined as work performed by a properly licensed attorney for and on behalf of the covered law firm. ALPS looks to broadly and clearly define the scope of covered services offered by an attorney. *Specific policy language does apply. Please review to ensure actual coverage is understood.* | |||
Supplementary payments for disciplinary proceedings |
✖ | $25,000 per attorney, $75,000 in the aggregate | $50,000 per attorney, $150,000 in the aggregate |
Included in our Preferred and Premier policies, ALPS provides any covered attorney a reimbursement allowance for attorney’s fees and expenses due to proceedings before a disciplinary board, agency or peer review committee. *Specific policy language does apply. Please review to ensure actual coverage is understood.* | |||
Claims expense allowance outside the limit of liability |
✖ | 50% of per claim limit (up to $500,000) | 50% of per claim limit (up to $1,000,000) |
This feature focuses on how your policy treats the cost of defending a malpractice claim, typically referred to as claims expenses. Many insurance providers’ standard policies place those expense costs within the limit of liability (commonly referred to as CEIL–Claims Expenses Inside the Limits). This means the limit of liability you purchase is the total amount available to you to both defend your claim and to pay out any losses. ALPS Preferred and Premier policies have a Claims Expense Allowance Outside your Limit (CEOL) to pay for claims expenses. CEOL protects your limit of liability from being eroded by the cost of your defense. *Specific policy language does apply. Please review to ensure actual coverage is understood.* | |||
Insured's consent to settle required |
✖ | ✔ | ✔ |
The Preferred and Premier policies do not have what the industry refers to as a Hammer Clause. What is a Hammer Clause? If your insurance company receives a settlement offer and you don’t want to settle, they will continue to defend your claim. That’s what you’d expect, right? The catch is that with a Hammer Clause the insurance company’s limit of liability under the policy to pay any loss or Damages becomes limited to the amount of the settlement offer that could have been accepted. Therefore, a Hammer Clause exposes you to any loss or Damages you become obligated to pay in excess of the amount of the settlement offer. That’s the hammer. The ALPS Preferred and ALPS Premier policies have a full consent to settle provision. That means that we will not settle a covered claim without your written consent. *Specific policy language does apply. Please review to ensure actual coverage is understood. While ALPS does not have a Hammer Clause in any policy form, a full consent to settle provision is not available in California.* | |||
Reduced deductible for voluntary formal mediation |
✖ | ✔ | ✔ |
Receive up to a 50% reduction (up to a maximum of $25,000) on your deductible due for a claim resolved voluntarily through formal mediation. *Specific policy language does apply. Please review to ensure actual coverage is understood.* | |||
Annual deductible cap of twice the per claim amount |
✖ | ✔ | ✔ |
In the Preferred and Premier policy forms, your maximum "out-of-pocket" deductible payments for any policy period, regardless of the number of covered claims, is capped at twice your "each claim" deductible. So if you carry a $10,000 deductible, you will not pay more than $20,000 for covered claims in a policy period. *Specific policy language does apply. Please review to ensure actual coverage is understood.* | |||
Reduced deductible if engagement letter used |
✖ | ✖ | ✔ |
Available only in our Premier Policy, receive up to a 50% reduction (up to a maximum of $25,000) on your deductible due for a claim where your client(s) signed an engagement letter. *Specific policy language does apply. Please review to ensure actual coverage is understood.* | |||
Supplementary payments for loss of earnings |
✖ | ✖ | $1000 per day (up to $50,000) |
Enhanced only in our Premier Policy, ALPS additional reimbursements for loss of earnings for each full or partial day where ALPS requests in writing for an attorney to attend a trial, hearing or arbitration hearing. *Specific policy language does apply. Please review to ensure actual coverage is understood.* | |||
Supplementary payments for subpoena assistance |
✖ | ✖ | $50,000 per policy period |
Enhanced only in our Premier Policy, ALPS additional reimbursements for assistance from ALPS appointed legal counsel if an attorney receives a subpoena to produce documents or testimony as a witness for their professional services. *Specific policy language does apply. Please review to ensure actual coverage is understood.* | |||
Supplementary payments for public relations event |
✖ | ✖ | $40,000 per policy period |
Enhanced only in our Premier Policy, ALPS additional reimbursements for up to $40,000 for a Public Relations event for covered events that could have a material adverse effect on the law firm. *Specific policy language does apply. Please review to ensure actual coverage is understood.* |
Visit the ALPS Insurance Glossary.
We know you want to be recognized for the successful practice you’ve built. After all, you've built a law firm worth protecting. You deserve to partner with an attorneys' malpractice insurance provider that appreciates the value you bring to your clients. At ALPS, we understand lawyers and are experts in our field. All we do is provide insurance to private practice lawyers. In fact, our claims staff are licensed attorneys with actual practice experience. It’s also why we are endorsed by more State Bars than any other carrier. With ALPS, you’re not just buying a policy, you’re buying a promise.
To help you save time and paper, our application, quote and ability to pay for your policy is available to you 100% online. However, if you prefer a paper application, please select your state (or US Territory) to download a fillable and printable version of our application forms.
The debate over mandatory professional liability insurance for lawyers continues across the country. There are some state courts that require attorneys to maintain professional liability coverage, some that require client disclosure if no coverage exists, and some that remain silent. Many clients are not aware that this is the case, and assume to their detriment that they will have access to compensation in the event a mistake is made. To the legal profession’s credit, most lawyers in private practice recognize malpractice litigation as an ever present threat and understand the benefits of maintaining malpractice insurance. If you're still on the fence about the importance of carrying lawyers' professional liability insurance or are not sure how much coverage you should purchase, here are some examples of the costs of not carrying the right insurance:
The bottom line is that purchasing legal malpractice insurance is the right thing to do. Missteps can and do occur on client matters for all kinds of reasons. If and when they do, impacted clients can be significantly harmed. The purchase of an appropriate level of malpractice coverage is the best way you can protect your clients and your firm should a serious misstep ever occur.
At its core, insurance is designed to indemnify (or make whole) the policyholder for a covered event and requires the policyholder to report a claim to their insurance provider. The event from which a claim arises under a Lawyers' Professional Liability Insurance policy is generally an act, error, or omission in Professional Services. This is commonly referred to as a “Wrongful Act” in an LPLI policy.
Lawyers' professional liability insurance (LPLI) is quite different from your usual insurance policies for your home, car, or health. Those traditional policies usually work on an "occurrence" basis, covering events during the policy period. LPLI, on the other hand, operates on a "claims made and reported" basis, which is pretty standard for professional liability insurance.
The key difference comes down to what sets off the coverage under the policy. For example, with a typical home or auto policy, coverage kicks in when something happens, like if your house gets damaged or you have an accident, during the policy period. It doesn't matter when you tell your insurance company about it, as long as they aren't negatively affected by the delay in reporting the event.
Coverage is triggered not when the Wrongful Act is made for a claims-made and reported policy, but rather when the claim is reported to the insurance company.
You may also hear this type of insurance called legal malpractice insurance, attorney professional liability insurance, malpractice insurance for lawyers, or errors and omissions insurance (E&O) for attorneys.
Here are a few additional resources to help you understand lawyers’ professional liability insurance:
Many factors impact the average cost of an attorney's policy, so please keep in mind that numbers can vary significantly across the country and among different types of attorneys.
Please visit our page on the True Cost of Legal Malpractice Insurance for a detailed explanation, including a free resource on the top 5 things that impact the cost of your insurance.
You can also use our free, no-obligation LPL Price Calculator to get a range for your firm.
There is no specific formula to determine the proper amount of coverage one might need. However, a good place to start is selecting limits that make you feel comfortable with the protection provided based on the type of work you perform. When balanced against the potential liability that could arise should you ever make an error, you can pursue insurance quotes with different liability limits to make the best decision for your firm.
Some great resources are available to help you understand more about this decision:
You should consult your tax professional; however, as an “ordinary and necessary" business expense, your legal malpractice insurance premiums are tax-deductible.