Can a suspended attorney obtain or maintain Lawyers Professional Liability Insurance?

March 21, 2016

Attorney Malpractice InsuranceIt is not possible to write a new policy to cover a suspended attorney with a Lawyers Professional Liability Insurance policy.   Most policies have an outright exclusion for a suspended attorney.  Although some Lawyer Professional Liability Insurance Carriers will permit the coverage to continue until renewal, many will cancel as soon as notified of the attorney’s suspension.

Typical coverage exclusion for a suspended attorney is:

Professional Legal Services rendered by an Insured while the Insured’s license to practice law was suspended, revoked or surrendered.”

 Depending on the policy language, some carriers will permit the purchase of an Extended Reporting Period endorsement(ERP) , but many will not.  A typical condition for purchasing an ERP is:

“The Insured’s license to practice law has not been suspended, surrendered or revoked.”

 It is important to check your policy if suspended to see what rights you may or may not have.

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