TLIE has been protecting Texas lawyers continuously since 1979 with high quality malpractice insurance and best-in-class customer service. A TLIE policy will help you:
- Protect your hard earned assets.
- Protect your clients from honest mistakes.
- Pay the high cost of defending claims.
- Avoid claims with our loss prevention services.
- Join lawyer referral services that require insurance.
- Satisfy clients who require you to be insured.
- Sleep better at night.
Legal malpractice policies are not created equal. Important policy provisions can vary substantially from one insurance company to another. You should pay special attention to the following:
DTPA Coverage
Misrepresentations by an attorney are still actionable under the Texas Deceptive Trade Practices Act (“DTPA”), but not all policies cover DTPA damages. TLIE’s Regular Policy specifically provides coverage for DTPA additional damages if coverage is not otherwise excluded, e.g., when the DTPA violation also constitutes a criminal act.
Punitive and Exemplary Damages
TLIE’s Regular Policy contains no exclusion for punitive or exemplary damages.
Innocent Partner Protection
Criminal, dishonest, fraudulent and malicious acts by a lawyer are always excluded, but TLIE’s policies preserve coverage for innocent lawyers who neither participated or acquiesced in such acts, nor remained passive after having learned of such acts.
Deductibles – Per Claim v. Aggregate
Many policies charge the insured a “per claim” deductible for each and every claim during a policy year. TLIE’s policies have an “aggregate” deductible so the insured never pays more than one deductible per policy year regardless of the number of claims.
Hammer Clause
A “hammer clause” may limit the amount of coverage if the insurance company wants to settle a claim and the insured does not. If an insured refuses to consent to settle, the insurance company can limit coverage to the proposed settlement amount. TLIE’s policies have no hammer clause and provide for peer review in the event of a disagreement between the insured and TLIE regarding settlement.
Defense of Claims
You want to know that your insurance company will treat you fairly if you have a claim. TLIE’s policies provide that TLIE will consult with the insured before hiring counsel. TLIE’s Claims Department is staffed by licensed Texas attorneys who know Texas law and understand Texas jurisdictions.
Loss of Earnings
TLIE understands that time away from your practice defending a malpractice claim means lost revenue to you. TLIE’s Regular Policy provides you with $500 for each day you are out of the office for trial, mediation, arbitration or your own deposition in defending a covered claim.
Grievance Defense
TLIE’s Regular Policy includes defense coverage of $25,000 per grievance complaint up to a maximum of $50,000 per policy year.