When should you report a claim or incident?
A potential claim, referred to as an incident, is any act, error or omission by the policyholder in rendering professional services that a reasonably prudent lawyer might expect to be the basis for a future claim. We encourage incident reporting so that our claims counsel may help the policyholder evaluate the matter and advise on any claims prevention or repair steps available. Claims counsel also will determine whether the matter should be treated as a reported incident so that the current policy will provide coverage if a claim is later made. Reporting incidents will not increase the premium.
BAR COMPLAINT: A complaint or grievance filed against a policyholder with the Kentucky Bar Association Office of Bar Counsel.
CLAIM or LAWSUIT: A claim is a demand for money or services received by a policyholder arising from the rendering of, or failure to render, professional services. A demand may be received in many ways including by letter from a claimant or a claimant’s counsel, orally in a telephone conversation with a client, former client, or their counsel, and/or a lawsuit being filed or a demand for arbitration being made against the policyholder.
How should a policyholder report a bar complaint, claim, incident or lawsuit?
We encourage policyholders to contact one of the following individuals Jane Broadwater Long, Pete Gullett, or Piper Burnett or by calling (502) 568-6100 or (800) 800-6101, as soon as the policyholder receives notice of a bar complaint, claim, incident, or lawsuit. All calls must be followed up with written notification (via e-mail, fax, or mail). Lawyers Mutual’s policy requires that any claim or lawsuit be reported in writing within 20 days of receipt. Do not wait for formal proceedings to be initiated before notifying us of the claim. Written notification should include the following if possible:
- Full name of the Firm, individual(s) in the Firm involved in the claim (and his/her e-mail addresses), and the Firm's policy number;
- Full name of claimant(s) and contact information if available;
- Indicate if this is a bar complaint, claim, incident, or a lawsuit,
- Date of alleged error (month-day-year);
- Date lawyer(s) or the Firm became aware of the claim (month-day-year);
- Detailed description of the claim to include the following: alleged act, error, or omission upon which the claimant(s) bases the claim; a description of the case and event; and the type and extent of injury or damage allegedly sustained;
- If the lawyer or the Firm did not represent the claimant(s), provide a summary of the relationship to the claimant(s);
- Estimate of the claim value if possible and denote any settlement demand made by the claimant(s);
- If a lawsuit include any additional defendants and plaintiffs;
- If a claim include additional parties involved;
- Any recommendations regarding repairing the claim or reducing the damages;
- Copies of all relevant documents necessary to understand the claim or incident;
- If the claimant(s) has retained a lawyer, the name and address of the lawyer;
- If a lawsuit has been filed, a copy of the complaint;
- A summary of any actions undertaken with regard to the claim since notice of and/or receipt of the claim; and
- If the claim has been reported to another insurance company, provide the name of the company and the date reported.