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The “Potential Claim” Pitfall in Lawyer Professional Liability Insurance: How to protect your insurance coverage when you learn about facts that could lead to a malpractice suit

Danny M. Howell
Danny M. Howell | Law Offices of Danny M. Howell, PLLC

Danny Howell has been representing lawyers and insurance companies in professional liability and insurance coverage claims in multiple jurisdictions for over thirty years and has handled numerous declaratory judgment and rescission lawsuits in federal and state courts involving legal professional liability insurance.

On-Demand: November 14, 2022

The “Potential Claim” Pitfall in Lawyer Professional Liability Insurance: How to protect your insurance coverage when you learn about facts that could lead to a malpractice suit

$195.00 2 hour CLE

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Program Summary

Lawyers’ professional liability insurance policies typically require attorneys to notify the carrier about “potential” malpractice claims, and to disclose such possible claims on the original policy application and each renewal application. The consequences of not disclosing a potential claim can be significant and unforgiving: complete loss of coverage for the claim, or rescission of the entire policy. But what is a potential claim? This course will teach you how to identify facts that can give rise to a claim, how to interpret the policy’s reporting requirements, and the legal consequences of failing to report a potential claim, as well as how to survive a defense under a reservation of rights or a declaratory judgment suit brought against you by your insurer.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • What is a “Potential Claim”: Interpreting your policy’s reporting requirements
  • The Legal Consequences of Failing to Report a Potential Malpractice Claim
  • Protecting Your Interests When Your Insurer Issues a “Reservation of Rights” or Brings a Declaratory Judgment Action Against You

Date: November 14, 2022

Closed-captioning available

Speakers

Danny-M.-Howell_Law-Offices-of-Danny-M.-Howell,-PLLC_FedBarDanny M. Howell | Law Offices of Danny M. Howell, PLLC

Danny Howell has been representing lawyers and insurance companies in professional liability and insurance coverage claims in multiple jurisdictions for over thirty years and has handled numerous declaratory judgment and rescission lawsuits in federal and state courts involving legal professional liability insurance. Danny has served as an instructor in over fifty continuing legal education courses for lawyers on insurance coverage, professional liability and legal ethics.

After over 25 years as an attorney and equity partner at mid-to large-size firms, in 2016 Danny opened what is a now a five-attorney litigation boutique focusing on insurance coverage and defense in the area of professional liability and construction, and defense of lawyers in liability suits and ethics proceedings. Danny also provides in-house diversity training for law firms.

Agenda

I. What is a “Potential Claim”: Interpreting your policy’s reporting requirements | 12:00pm – 12:45pm

II. The Legal Consequences of Failing to Report a Potential Malpractice Claim (part I) | 12:45pm – 1:00pm

Break | 1:00pm – 1:10pm

III. The Legal Consequences of Failing to Report a Potential Malpractice Claim (part II) | 1:10pm – 1:40pm

IV. Protecting Your Interests When Your Insurer Issues a “Reservation of Rights” or Brings a Declaratory Judgment Action Against You | 1:40pm – 2:10pm

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