Attorney Malpractice Insurance Bodily Injury/Property Damage Exclusion

November 11, 2022

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An attorney malpractice insurance policy excludes coverage for Bodily Injury/Property Damage. Law firms needing these coverages should obtain a Business Owners Policy (BOP) or a Commercial Auto Insurance policy.

Attorney malpractice insurance policy do cover personal injury. Insurers show personal Injury coverage differently. Insurers may or may not list personal Injury coverage on declarations pages. Not finding personal injury coverage on the declarations page may give the impression that an insurer is not covering personal injury. But insurers may list personal injury coverage in the policy language.

When an insurer lists or defines coverages and puts a limit on that coverage, it can be for a lesser amount than the liability limits. This is a sub-limit. The insurer that merely defines ‘Personal Injury’ and does not exclude the coverage provides the entire liability limit for personal injury, not just a sub-limit.

Read the personal injury definition carefully. The personal injury coverage in an attorney malpractice policy is not the personal injury coverage in the BOP commercial general liability coverage. As an example, the BOP covers advertising injury, but the attorney malpractice policy may not.

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Lee

 
 
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   Lee Norcross, MBA, CPCU

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