Understanding Your Professional Malpractice Insurance Policy - What You Should Know
DECEMBER 2014
Understanding Your Professional Malpractice Insurance Policy - What You Should Know
Co-Sponsored by the Colorado Bar Association Professional Liability Committee
Program Description
This program will cover not only what you should know about your legal malpractice insurance policy, but also how to determine what coverage you may need for your practice.
When was the last time you read your professional liability policy? Few insureds read their insurance policy until the day they need it. Don't wait until you face a legal malpractice problem to learn what your policy covers.
The faculty for this program will address:
- Considerations in Completing Policy Applications
- The Declarations Page and Insuring Agreement
- Claims-Made Policies
- Exclusions, Endorsements, and Conditions
- Deductibles, Defense Costs, and Policy Limits
- Prior Acts, Retroactive Dates, and Tail Coverage
About the Faculty:
Carolyn Fairless, Esq.
Wheeler Trigg O'Donnell
Carolyn Fairless, Esq.,
Bradley A. Levin, Esq.
Roberts | Levin | Rosenberg
Bradley A. Levin, Esq. is a shareholder in the law firm of Roberts | Levin | Rosenberg, with emphasis in tort and commercial litigation, including insurance bad faith and insurance coverage disputes. Mr. Levin received his undergraduate degree from Stanford University, with distinction, where he was elected Phi Beta Kappa. He graduated from the University of California, Hastings College of the Law, where he served as editor in chief of the Hastings Constitutional Law Quarterly. In addition to teaching legal writing and research at Hastings College of the Law, Mr. Levin has lectured frequently in the areas of insurance coverage and bad faith law. He is a member of the California and Colorado bars and the Denver, Colorado, and American bar associations. He serves on the Colorado Supreme Court Committee on Civil Jury Instructions, chairs the Colorado State Commission on Judicial Performance, and is the insurance law editor of Trial Talk magazine. Mr. Levin has also served as the chair of the Mountain States Regional Board of the Anti-Defamation League of B'nai B'rith, is on that organization's National Executive Committee and National Commission, and chairs its National Litigation Oversight Committee. In addition, Mr. Levin is on the board of directors of National Jewish Health.
In 2004, Mr. Levin was recognized as Best Denver insurance lawyer in the Denver Business Journal. Mr. Levin is listed in The Best Lawyers in America in the areas of appellate law, insurance law, and personal injury litigation, has been named Best Lawyers 2013 Denver Lawyer of the Year in Insurance Law, and has been included in Colorado Super Lawyers as one of the Top 10 Lawyers in Colorado for 2013 and as one of the Top 50 (now 100) Lawyers in Colorado for 2011 and 2012.
CBA CLE Legal Connection: Keeping Attorneys Up-to-Date on the Latest, Critical News and Issues Through:
- Timely CLE programs that address issues of the day
Agenda:
8:30 - 9:00 am Registration
9:00 - 10:15 am Basics of the Insurance Policy
To Insure or Not to Insure
Choosing the Right Insurance Company
- The Broker, Agent, or Program Administrator
- Insurer's Rating
- Insurer's Authority to Conduct Business
- Insurer's Experience in the Area
- Endorsement by Professional Association
- Risk Management
- Insurer's Claim Service
- Claims-Agent Insurer
The Insurance Application
Types of Policies
- Claims-Made v. Occurrence
- Claims-Made and Reported Policy
Liability Limits & The Deductible
- Types of Limits
- Defense Costs
- Limits of Coverage: Factors to Consider
- C.R.C.P. 265
Policy Coverage Provisions
- What is a “Claim”?
- Professional Legal Services
- Insureds
- Territorial Restrictions
- Prior Acts
- Extended Reporting Periods
- Territorial Limitations on Coverage
- Coverage for “Loss” or for “Damages”
Presented by Bradley A. Levin, Esq.
10:15 - 10:30 am Break
10:30 - 11:45 am Policy Exclusions, Conditions, Endorsements, and Coverage Gaps
Exclusions
- Prior Knowledge
- Return of Disgorgement of Fees
- Contractual Liability Exclusion
- Fines, Sanctions, Other Penalties, and Punitive Damages
- Fraudulent, Malicious, Intentional or Dishonest Conduct
- Federal or State Securities Laws, Rules, or Regulations
- Lateral Hire
- Bodily Injury or Property Damage
- Fiduciary Activity
- Insured v. Insured
- Sexual Misconduct
Policy Conditions
- Notice
- Cooperation
- Voluntary Payments and Admitting Liability
- Settlement
Policy Endorsements to Consider
- Prior Act Coverage
- Choice of Counsel
- First Dollar Defense
- Grievances/Disciplinary Proceedings
Avoiding Gaps in Coverage
- Policy Expiration/Renewal
- Leaving a Firm
- Going Solo
- Lateral Move
- Lawyers Leaving the Private Practice of Law
Other Considerations
- Part-Timers
- Of Counsel
Presented by Carolyn Fairless, Esq.
11:45 Adjourn
Location Information
CLECI Large Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
Get directions
1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
| Non-Member | $199.00 |
| CBA Member | $159.00 |
| CBA Solo/Small Firm Practice Section Member | $129.00 |
| CBA Young Lawyers Division Member | $99.00 |
| CLEACCESSPASS--ELITE Pass Holder | $0.00 |
- General Credits: 3.00
- Ethics Credits: 3.00
- EDI Credits:
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