FAQs about Claims Reporting
Q: What should I do in response to a notice of a claim or incident?
A: You should report a claim to us as explained in the “Reporting a Claim” section of this Web site.
Q: What should I tell the client if I become aware of a mistake?
A: If you learn that you missed a statute of limitations, other deadline, or made some other mistake in the representation of a client, you have a duty to communicate with the client about the status of the case. We recommend, however, that you contact us to get our evaluation of the matter with a view to rectifying any mistake and receiving other appropriate assistance prior to contacting your client.
Q: What should I avoid doing when a claim has been asserted against me?
A: Do not respond to the claimant or the claimant’s attorney before you contact Lawyers Mutual. We will work with you on the appropriate response in preparation for the best possible resolution of the matter.
- If a lawsuit is your first notice of a claim, do not file an answer on your own behalf. Immediately contact Lawyers Mutual, so defense counsel can be retained to prepare and file your answer.
- Do not retain defense counsel before you notify us of the claim or suit.
- Do not attempt to settle a claim on your own without first notifying Lawyers Mutual. You may jeopardize your coverage or prejudice your defense.
- Do not lose, destroy, alter, or otherwise damage the claimant’s original file in any way. Make a copy of the claimant’s entire file to retain for yourself.
Q: Is there anything else I should know?
A: Your policy with Lawyers Mutual is an “eroding limits” policy. Defense costs count against the limits. In addition, once any expenses or legal fees are incurred by Lawyers Mutual on your behalf, your deductible will be due. Typically, when we receive legal invoices for your claim, they are sent to you for payment until your deductible is exhausted. If your claim is resolved by us, your deductible is due at the time of settlement of the case.
We encourage you to read your Lawyers Mutual professional liability insurance policy. If you have any questions regarding the policy and how the coverage applies, contact one of the following individuals Jane Broadwater Long, Pete Gullett, or Jennifer Bicknell or by calling (502) 568-6100 or (800) 800-6101.