13
Top Tips for Purchasing Legal Malpractice Insurance Presented by: T. Scott Galloway, Esq. and Howard H. Collens, Esq. Galloway and Collens, PLLC & Theodore C. Nittis, Esq. Oswald Companies

Top Tips for Purchasing Legal Malpractice Insurance

Embed Size (px)

Citation preview

Page 1: Top Tips for Purchasing Legal Malpractice Insurance

Top Tips for Purchasing Legal Malpractice

InsurancePresented by:

T. Scott Galloway, Esq. and Howard H. Collens, Esq.

Galloway and Collens, PLLC&

Theodore C. Nittis, Esq.Oswald Companies

Page 2: Top Tips for Purchasing Legal Malpractice Insurance

Picking a Broker Call once a year Be proactive during renewal Pick one broker who can go to

multiple markets Ask around for referrals

Page 3: Top Tips for Purchasing Legal Malpractice Insurance

Coverage Limits Not an exact science Risk Tolerance Benchmarking for small firms Areas of practice Size of cases handled – risk is not

for the entire deal

Page 4: Top Tips for Purchasing Legal Malpractice Insurance

Deductibles As a general rule – 1% of gross

revenues

How much will changing the deductible change the premium?

The value of going with a higher deductible – more skin in the game should result in lower premiums

Page 5: Top Tips for Purchasing Legal Malpractice Insurance

Selecting a Policy Components of the policy

Completing practice questionnaire

Page 6: Top Tips for Purchasing Legal Malpractice Insurance

When to Consider Switching Carriers

Risks when switching Making any possible claim known Loss Ratio

Advantages of switching

Page 7: Top Tips for Purchasing Legal Malpractice Insurance

Renewing

Step Rating – Capping the rate Asking for a loss run Notice for non-renewal Talking to your broker about “Plan B”

in advance Don’t over-market your policy

Page 8: Top Tips for Purchasing Legal Malpractice Insurance

How and When to Report a Claim

Be expansive Grey areas “Could reasonably give rise to a claim” Bad results or billing complaints = Not likely

a Reportable Event Bad result plus allegation of blame =

Reportable Event May include phone call, email, lawsuit,

grievance When to report but not seek coverage Grievances

Page 9: Top Tips for Purchasing Legal Malpractice Insurance

Opening Your Practice Lower premium costs that

increase over time

Are there any prior acts that need to be covered?

Avoid a broad list of practice areas on your website

Page 10: Top Tips for Purchasing Legal Malpractice Insurance

Adding Practice Areas

Risk of practice area – based on actuarial data

Dabbling – Don’t do it!

Page 11: Top Tips for Purchasing Legal Malpractice Insurance

Fee Suits – Don’t Do It Makes you adverse to client Opens you up to a counterclaim – including

malpractice Legal malpractice as a defense is a reportable

claim Cost of chasing the funds Wait for statute of limitations before initiating

suit Establish a minimum threshold below which

you will not consider filing Have another attorney handle the litigation Impact on future insurability?

Page 12: Top Tips for Purchasing Legal Malpractice Insurance

T. Scott Galloway & Howard H. CollensGalloway and Collens, PLLC

26075 Woodward Ave, Suite 200Huntington Woods, Michigan 48070

248.545.2500GallowayCollens.com

[email protected]

[email protected] Twitter: @howardcollens

@ProbateLawMI @RealEstateLawMI

Page 13: Top Tips for Purchasing Legal Malpractice Insurance

Theodore C. Nittis, Esq.Oswald Companies

39572 Woodward Ave Suite 201Bloomfield Hills, Michigan 48304

248.433.1466 OswaldCompanies.com

[email protected]