The ABC’s of Buying Legal Malpractice Insurance

Purchasing legal malpractice insurance does not have to be intimidating. Whether you are newly licensed and hanging out your own shingle, or whether you have been practicing for a while but this is your first foray into purchasing insurance, TLI can help. The main thing to take away from this article is that because of the unique aspects of professional liability insurance that are distinct from insurance like auto or homeowners, it is important to obtain coverage from your first day of practice and then continuously maintain it without gaps throughout your entire practice. Waiting until you think you can “afford” it will actually cost you more in the long run and will put your personal assets at risk. Having insurance in place at all times protects you, your firm and your clients.

Why it is important to Acquire legal malpractice insurance.

If you are just starting out and opening your own firm, it may be tempting to put off buying malpractice insurance due to the expense. A newly minted attorney may think he or she cannot afford the cost of insurance premiums. Many lawyers also do not prioritize malpractice insurance because they believe they will never face a claim – that they are the exception to the rule that every lawyer will face a claim or grievance at least once during their career. Yet, no attorney is immune from claims.  Some clients will sue you or file a grievance even if you did nothing wrong because they are perpetual victims and never happy no matter the result. Further, mistakes do happen – even to the best and most diligent attorney.  And when they do, it is the responsible and ethical choice to maintain insurance coverage to remedy those mistakes for your clients, and also a wise decision to protect your personal and firm assets.

It is a fallacy to think clients will refrain from suing if you are uninsured. Clients do not make the decision to file suit based on whether the attorney has insurance. In reality, clients often do not know whether you have insurance at the time they assert a claim, and clients with relatively small matters are not deterred by the fact of no insurance. Having insurance does not make you a target, it just exposes your personal assets.

Going bare will not save you money, increase your bottom line, or save you time. The universal truth is that the cost of defending a claim – even if frivolous or without merit – will likely exceed the cost of your annual premium. Few if any attorneys can self-insure against the expense of a claim, which typically costs $25,000 (if disposed of very early)- $150,000 (if litigated for 12-18 months) just for defense costs and before any indemnity payment.

Being insured from day one is important.

Now that we established why you need malpractice insurance, it is important to explain why you need to have it continuously in place from the first day you practice law until the day you retire. 

Because mistakes by a lawyer are often not discovered until years later, legal malpractice policies are uniquely “claims made” policies, meaning coverage exists for claims made and reported to the carrier during the policy period in effect. This is different from an auto or homeowner’s policy which is “occurrence-based.” The easiest way to explain what that means is through an example:

“CLAIMS-MADE” EXAMPLE: Libby Lawyer purchases a malpractice insurance policy for the term January 1, 2020-January 1, 2021.  She renews her policy a second time for the term January 1, 2021 – January 1, 2022.  On December 10, 2021, Libby is served with a malpractice lawsuit filed by Connie Client alleging she missed a deadline in February 2020.  Libby timely reports the claim to her carrier on December 15, 2021. As such, the policy that covers this claim is the second policy with a term from January 1, 2021 to January 1, 2022 because that is when the claim was made and reported – even though the error occurred in 2020.

Had the policy been occurrence-based, the policy that would have covered the claim would have been the first policy with the term of January 1, 2020 to January 1, 2021, because the error “occurred” during that policy term.

The next wrinkle is that for there to be coverage under a “claims-made” legal malpractice policy, not only must the claim be made and reported during the policy period, but there must have been an effective policy in place at the time of the error. That is why it is important to understand what a “retroactive date” is and how that applies to you.

A retroactive date is the first date the insured obtained and maintained continuous coverage. It is usually the policy inception date of the first policy purchased and only acts/omissions after that date are covered.  If an attorney is covered by liability insurance from the first day of practice, and never goes without, then the retroactive date will be all the way back to the first day of that lawyer’s first insurance policy. Again, a few examples will effectively explain how this works:

“RETROACTIVE DATE” EXAMPLE 1: Libby Lawyer graduates from law school and purchases her first malpractice insurance policy with a term January 1, 2010-January 1, 2011.  She then renews her policy continuously through January 1, 2015. Because she has had continuous coverage since her first policy, Libby’s retroactive date is January 1, 2010.  On December 10, 2014, Libby is served with a malpractice lawsuit filed by Connie Client alleging Libby made an error in estate planning done years earlier in December 2010 but only recently discovered.  Libby timely reports the claim to her carrier on December 15, 2014. As such, Libby is covered under the policy in effect on December 15, 2014, even though the alleged error occurred in 2010, because her retroactive date is January 1, 2010 and the error occurred after that date.

“RETROACTIVE DATE” EXAMPLE 2: Libby Lawyer graduates from law school and starts her own firm on January 1, 2010, but does not believe she can afford insurance.  A few years later, she feels like she is making enough money to buy insurance and she gets her first policy with a term of January 1, 2012-January 2013. She then renews her policy continuously through January 1, 2015. Libby’s retroactive date is January 1, 2012 because that is the date she first became insured.  On December 10, 2014, Libby is served with a malpractice lawsuit filed by Connie Client alleging Libby made an error in estate planning done years earlier in December 2010 but only recently discovered. Libby timely reports the claim to her carrier on December 15, 2014. However, because the error occurred in December 2010, before the retroactive date of January 1, 2012, Libby does not have coverage for this claim – even though the claim was made and reported during a time she had a policy in effect.

This is why it is important to obtain coverage from day one, and not to go “bare” until you think you can afford it. That said, if you’ve already begun practice but have not yet purchased insurance coverage, it is not too late.  You can often purchase coverage even if you have gone bare for a while, but recognize that the policy will not cover any acts, errors or omissions (prior acts) that occurred before the inception date of your first and continuously renewed policy.

Still, the best situation is for the attorney to have a retroactive date that extends back to when they first started practicing as an attorney.  For that to be true, the attorney must have been insured from day one with no “gaps.”  A gap is a period of time for which there is no claims-made policy in force.  If you have a “gap” in coverage, then your retroactive date starts over and resets to the first date of the new policy ending the gap period.  An event that occurs during a gap will not be covered even if you have coverage when the claim is later made and reported. By that same token, having insurance at the time the error is made is useless if there is no policy in force when the claim is later made.  Again, an example illustrates this point:

“GAP” EXAMPLE: Libby Lawyer graduates from law school and purchases her first malpractice insurance policy for the term January 1, 2010-January 1, 2011.  She then renews her policy continuously through January 1, 2015.  However, Libby decides not to renew her policy for the term January 1, 2015-January 1, 2016 because she thinks she cannot afford the premium that year. Libby feels better as 2016 comes to an end and so she obtains a policy for January 1, 2017- January 1, 2018. On December 10, 2017, Libby is served with a malpractice lawsuit filed by Connie Client alleging Libby made an error in in December 2015 but Connie only recently discovered it. Libby timely reports the claim to her carrier on December 15, 2017. However, because the error occurred in December 2015 when there was no policy in force, Libby does not have coverage for this claim – even though the claim was made and reported during a time she had a policy in effect.  Also, important to note, Libby’s new retroactive date is January 1, 2017. So, any error prior to that date will not be covered, even if she had a policy in force at the time the error was made.

In today’s market, lateral movement is more prevalent than it was a decade or two ago.  But lawyers who move firms are also at risk of having gaps in coverage and may not even realize it.  For the most part, if you leave a firm that has insurance, you will continue to be insured under that firm’s policy as a former attorney. But if that firm dissolves, or decides to discontinue its policy, then you will not have any coverage for acts/omissions that occurred at the time you were with that firm.  As demonstrated above, this is a problem if you have a claim made against you in 2017 when your former firm no longer has a policy for conduct that occurred in 2015 when you were with the firm.  In these cases, you will want to ask your new firm about your retroactive date on their policy to see if it covers your conduct back to your initial date of coverage and/or see if you can purchase extended reporting coverage or “tail” coverage from the carrier insuring your former firm.

Extended reporting or tail coverage is an agreement with the carrier to extend the period of time that you can report a claim after a policy expires.  It mitigates the risk related to claims that arise from past conduct after a policy terminates.  It is usually an endorsement to an existing policy which does not change the other terms of the policy.  Firms can purchase tail coverage in the event of dissolution, merger or other key events where members cease to practice. Individuals can purchase upon retirement, death, or otherwise leaving the practice of law. An example of how this works follows:

“TAIL” EXAMPLE: Libby Lawyer graduates from law school and purchases her first malpractice insurance policy with a term January 1, 2010-January 1, 2011.  She then renews her policy continuously through January 1, 2015. Because she has had continuous coverage since her first policy, Libby’s retroactive date is January 1, 2010.  Libby decides to close her firm on January 1, 2015.  She buys a 2-year tail policy that extends the time she can report a claim to January 1, 2017. On December 10, 2016, Libby is served with a malpractice lawsuit filed by Connie Client alleging Libby made an error in in December 2014.  Because Libby had a policy in place in December 2014, and because she purchased an extended reporting or tail endorsement until January 1, 2017, she can report the claim in December 2016 and it will be covered, even though her last policy term ended January 1, 2015 when she closed her practice.

In short, there are four conditions that must exist for there to be coverage under your professional liability policy: 

1. A policy must be in effect at the time the claim is made against you;
2. A policy must be in effect at the time the claim is reported to the carrier;
3. There must have been an effective policy in place at the time of the act, error or omission giving rise to the claim; and
4. There must have been continuous coverage – without a gap – from the time of the act, error or omission to the time the claim was made and reported.

As the above examples demonstrate, it is very important to understand how legal malpractice policies work when you are purchasing a policy, so you understand what exactly you are purchasing and what exactly is covered.

How much does it Cost?

Like any insurance policy, there are a number of factors that go into pricing, including evaluation of the risk by underwriting (i.e., area of practice, number of years of practice, locale, firm size). The price will depend on that evaluation of risk as well as the policy limits, the amount of the deductible, and the scope of coverage. But before you react to the price, there are a few important things to keep in mind when evaluating the cost.

First, avoid the temptation to think of legal malpractice insurance as a commodity, focusing solely on price. Remember, you invested heavily to become a licensed attorney.  You should also invest in protecting that license from claims and disciplinary actions that can have severe consequences for your practice and your finances.  Second, not all policies are created equally and if the price seems too good to be true, it probably is. In other words, you get what you pay for.  You need to make sure that if you are comparing two or more policies, you are doing an apples-to-apples comparison – are the limits, deductibles, coverages, and retroactive dates the same? Carriers will usually have a specimen policy form available that sets out the policy terms which you can review prior to purchasing the policy to assess whether the coverage terms are the same.

Another important factor to consider is what the company has to offer that adds value to what you are getting as an insured of that company, in addition to the coverage your policy offers. The following is a non-exhaustive list of things to consider when evaluating the actual value you are receiving for your premium dollars, which varies from carrier to carrier.

• How long has the carrier been in the market (i.e. offered professional liability insurance in the state of Texas)? 
• Is the carrier brand new to the market just trying to get a toe hold? What is its company history?
• Has the carrier ever left the market, and if so, why?
• How long has the carrier been writing legal malpractice insurance?
• What is the financial strength of the carrier (which is best determined by their AM Best rating)?
• What is their customer service like?
• Are they easy to work with and responsive to your inquiries?
• Does the carrier handle the application process with care?
• Are you a big fish in a small pond or a small fish in a big pond.  In other words, are you just another policy or do they know you and give you the appropriate attention?
• Do you have access to key decision makers within the company?
• Does the carrier employ people who are experts in the law of legal malpractice in your state?
• Are licensed attorneys handling your claims or non-licensed employees?
• Does the carrier hire experienced defense attorneys with expertise in legal malpractice cases to defend claims and disciplinary actions?
• Does the carrier provide additional resources like loss prevention guidance, an attorney Help Line, free CLE, form bank, and articles about loss prevention issues?
• In addition to coverage for legal malpractice claims, what other bells and whistles does the policy have (more on this discussed below)?

Third, although cost is an important factor, it is not correct to assume that legal malpractice insurance is not affordable.  The reality is that attorneys who go bare likely cannot afford the cost of an uncovered claim which will exceed the actual price of a yearly premium. The other truth is that premiums for less experienced attorneys are not more than premiums for more experienced attorneys. This is because new attorneys have not been in practice long enough for mistakes to have been made and reported. Again, this is unique to the fact that legal malpractice policies are “claims made” with retroactive dates so that the policy can conceivably cover every representation ever undertaken by that lawyer, including before the date of policy inception. The potential claim risk therefore increases with each year of practice. More experienced attorneys have handled more matters and therefore there is more from their past that can come back around as a claim.  Your first-year premium will likely be your least expensive, which is why it is incorrect to assume you cannot afford it when first starting out.

Determine how much you need.

The policy limit is the amount available under the policy to pay for a covered loss. Carriers usually offer a number of different options for policy limits with per claim and aggregate amounts. Per claim is the amount that the carrier will pay on a single claim during the policy period; aggregate is the total amount the carrier will pay for all claims reported during the policy period. For example, if a law firm has a per claim limit of $1M with an aggregate of $3M, then the carrier will pay up to $1M for a single claim during that policy period.  However, if there are multiple claims during the policy period, the carrier will only pay up to $3M regardless of how many claims there are.

There is no set equation to determine what limits are appropriate for you and your firm. Like most things, it will require some evaluation on your part. In some cases, a client – usually institutional – or a referral service may dictate the limits it requires you to have in order to do business. Overall, you will want to look at:

• The value of your non-exempt business and personal assets that you want to protect, and which could be subject to collection in the face of an adverse judgment.
• The value of the matters you handle.
• The maximum potential damages if a claim arises from the biggest case in your firm.
• Your area of practice and the frequency/severity of claims in that area.  Areas like personal injury and family law tend to have more frequent claims. Real estate, estate planning and securities have more severe claims.

As part of this evaluation, you also need to look at what it costs to defend a legal malpractice claim to conclusion. This is because most professional liability policies are eroding or depleting policies – meaning that the defense costs erode the policy limits.[1]  For example, if you have limits of $200,000, but it costs $150,000 to defend the claim, then you only have $50,000 left to settle the claim or pay a judgment.  The other problem here is that, with lower limits like this, the carrier may decide to just settle the claim rather than exposing you to risk. In other words, lower limits will buy you a defense but may not be enough to actually dispute liability and damages on the merits or cover the actual claim.

What does a policy typically Encompass?

Professional liability policies typically cover “professional services” performed on behalf of the named insured (your firm) for a client as a lawyer. The definition of “professional services” can vary from carrier to carrier so you need to make sure you review it and understand what it does and does not cover.  For example:

• Does it exclude any practice area or service critical to the firm?  Securities work is a typical exclusion.
• Does it cover work performed as a notary, mediator, arbitrator, facilitator?
• Does it cover pro bono work?
• Does it cover work you may do under a different professional license, like CPA or real estate licenses (usually not)?
• Does it cover contract work you may perform for a different firm? Typically, this is not covered, but you may have coverage under that firm’s policy.

In addition to understanding what is covered, you should also review the policy exclusions to understand what is not covered. Typically, the following are excluded:

• Fraud
• Criminal conduct
• Intentional conduct
• Sanctions/fines
• Disgorgement of fees
• DTPA*[2]
• Punitive/exemplary damages*
• Securities work*
• Investment counseling
• Sexual misconduct/harassment

You also need to understand who your policy covers. Obviously, it covers the named insured.  But you also need to understand whether and to what extent it covers the following:

• Predecessor firms
• Former, current, and future attorneys
• Former, current, future partners, officers, shareholders
• Non-lawyers
• Contract attorneys
• Of counsel attorneys
• New hires – are they automatically covered?

Again, the carrier will usually have a specimen policy available for you to review prior to your purchase so you can understand exactly what you will be purchasing.

Other Factors to consider.

In addition to coverage for acts, omissions and errors that occur in the rendering of professional services, many policies in today’s marketplace have other “bells and whistles” that provide additional value to your policy.  Some of the more common are here:

• Defense for Grievance/Disciplinary Proceedings
• Loss of Earnings reimbursement for insured who has to miss work due to deposition, mediation or trial
• Subpoena defense
• Limited D&O defense coverage for work on behalf of a non-profit organization, excess of any other available D&O coverage
• Crisis Event Coverage for public/media relations costs in the event of death, illness, departure, arrest of principal, partner, owner, CEO
• Free tail to retired, disabled and unable to practice, or deceased
• Deductible reduction a) for having a signed engagement agreement with the client/claimant; b) if claim settles within 180 days of report to TLI; or c) five years with no loss or expense paid on insured’s behalf
• Limited first party and third-party cyber security coverage

Again, for a true apples-to-apples comparison, you will want to make sure that the policies you are comparing have similar additional bells and whistles.
 
What steps to I take to Get insured?

The first step, if you are getting insurance for a new firm, is to actually form the entity for the law firm, which will need to be in existence before you apply for insurance.  Then, you need to decide whether you are going to use a broker/agent to help you or purchase insurance directly from the insurance company. Some companies, like TLI, do no use brokers or agents to sell their products. The benefit of purchasing the policy directly from the insurance company is that you avoid paying a broker’s commission and it may save you premium dollars. You also will get to interact directly with the company’s sales and customer service team so you can gauge how easy it is to work with them and whether you have access to key decision makers within the company. A broker or agent may be able to help you comparison shop, but you should still do your own due diligence to compare policies as the broker/agent may not be as focused on your priorities for coverage.
 
After you have decided how you are moving forward, you should visit and explore the company’s website to investigate the different factors discussed above, like sample policies, loss prevention services, and other resources the company has to offer, as well as the company’s history, employees, claims philosophy, and general make-up.  From there, you can also generally download a policy application.
 
For the policy application, you will generally need to gather the following information:

• The date the firm was established and the type of entity
• Number of offices
• Firm contact person
• Number of attorneys in the firm
• The names of all attorneys in the firm, their date of license, where licensed, the date each started practicing law, the date each joined the firm, and how many hours they work each week.
• Practice area(s) and percentage of time spent in each area
• Insurance and claims history, such as:
  • Date you were first covered under any policy/ period of continuous coverage
  • Dates of any gaps in coverage
  • Current coverage information, if any
  • Whether any attorney has had insurance cancelled, declined or non-renewed
  • Prior claims and grievance history
• Requested limits and deductible, subject to underwriting review
• Risk management systems and procedures in place, like conflicts checks, docketing/calendaring, and use of engagement agreements, declination letters and disengagement letters

It is critical to be truthful and honest on the application, and that you disclose all of the requested information, including all past claims. The application generally becomes part of the insurance contract, and withholding information or failing to disclose information can be grounds for the carrier to void coverage. If you do have a claims history, be sure to explain any extenuating circumstances and/or mitigating factors. The more information you give the carrier, the better its underwriters can accurately and fairly assess risk and charge a fair price for the policy.

Helpful checklist

In addition to the information in this article, TLI has prepared the below checklist to help you with the purchase of legal malpractice insurance. If you still have questions about how to buy insurance or what insurance best fits your need, please reach out to anyone on the Member Services team by emailing  info@tlie.org and they can further walk you through the process. 
 
LEGAL MALPRACTICE INSURANCE PURCHASE CHECKLIST

• Read TLI’s article – The ABC’s of Buying Legal Malpractice Insurance
  • Learn and understand the terms and provisions that are unique to legal malpractice insurance policies and coverage.
    • “Claims Made”
    • “Retroactive Date”
    • “Gap”
    • “Extended reporting” or “Tail”
    • Ask the broker/agent or insurance company questions to make sure you understand how these terms apply to you and your situation.
• Obtain legal malpractice insurance from your first day of practice and maintain coverage continuously, with no gaps, throughout your entire career.
• Review the carrier’s website and information about policies they offer, loss prevention services, and other resources the company has to offer, as well as the company’s history, employees, claims philosophy, and general make-up. From there, you can also generally download a policy application.
• Gather all the information you will need to fill out the application:
  • The date the firm was established and the type of entity
  • Number of attorneys in the firm
  • Number of offices
  • Firm contact person
  • The names of all attorneys in the firm, their date of license, where licensed, the date each started practicing law, the date each joined the firm, and how many hours they work each week.
  • Practice area(s) and percentage of time spent in each area
  • Insurance and claims history, such as:
    • Date you were first covered under any policy/ period of continuous coverage
    • Dates of any gaps in coverage
    • Current coverage information, if any
    • Whether any attorney has had insurance cancelled, declined or non-renewed
    • Prior claims and grievance history
  • Requested limits and deductible, subject to underwriting review
  • Risk management systems and procedures in place, like conflicts checks, docketing/calendaring, and use of engagement agreements, declination letters and disengagement letters
• Determine what limits you should ask for, based on consideration of the following factors:
  • The value of your non-exempt business and personal assets that you want to protect and which could be subject to collection in the face of an adverse judgment.
  • The value of the matters you handle.
  • The maximum potential damages if a claim arises from the biggest case in your firm.
  • Your area of practice and the frequency/severity of claims in that area.  Areas like personal injury and family law tend to have more frequent claims. Real estate, estate planning and securities have more severe claims.
  • The cost to defend a malpractice claim with consideration of eroding/depleting policy limits.
• When determining which policy to purchase:
  • Evaluate the cost as a factor.
    • But do not make your decision solely on price.
  • Read and review the policy in detail, including any endorsements.
  • Review the policy limits, deductible, and retroactive date.
  • Determine what the policy covers:
    • Does it exclude any practice area or service critical to the firm? 
    • Does it cover work performed as a notary, mediator, arbitrator, facilitator?
    • Does it cover pro bono work?
    • Does it cover work you may do under a different professional license, like CPA or real estate licenses?
    • Does it cover contract work you may perform for a different firm? (Typically, this is not covered, but you may have coverage under that firm’s policy.)
  • What does the policy exclude? Common exclusions include:
    • Fraud
    • Criminal conduct
    • Intentional conduct
    • Sanctions/fines
    • Disgorgement of fees
    • DTPA*[3]
    • Punitive/exemplary damages*
    • Securities work*
    • Investment counseling
    • Sexual misconduct/harassment
  • Who does the policy cover?
    • Predecessor firms
    • Former, current, and future attorneys
    • Former, current, future partners, officers, shareholders
    • Non-lawyers
    • Contract attorneys
    • Of counsel attorneys
    • New hires – are they automatically covered?
  • What other bells and whistles does the policy have?
    • Defense for Grievance/Disciplinary Proceedings
    • Loss of Earnings reimbursement for insured who has to miss work due to deposition, mediation or trial.
    • Subpoena defense
    • Limited D&O defense coverage for work on behalf of a non-profit organization, excess of any other available D&O coverage
    • Crisis Event Coverage for public/media relations costs in the event of death, illness, departure, arrest of principal, partner, owner, CEO
    • Free tail to retired, disabled and unable to practice, or deceased
    • Deductible reduction a) for having a signed engagement agreement with the client/claimant; b) if claim settles within 180 days; or c) five years with no loss or expense paid on insured’s behalf
    • Limited first party and third-party cyber security coverage
  • Consider also these questions:
    • How long has the carrier been in the market (i.e. offered professional liability insurance in the state of Texas)? 
    • Is the carrier brand new to the market just trying to get a toe hold? What is its company history?
    • Has the carrier ever left the market, and if so, why?
    • How long has the carrier been writing legal malpractice insurance?
    • What is the financial strength of the carrier (which is best determined by their AM Best rating)?
    • What is their customer service like?
    • Are they easy to work with and responsive to your inquiries?
    • Does the carrier handle the application process with care?
    • Are you a big fish in a small pond or a small fish in a big pond.  In other words, are you just another policy or do they know you and give you the appropriate attention?
    • Do you have access to key decision makers within the company?
    • Does the carrier employ people who are experts in the law of legal malpractice in your state?
    • Are licensed attorneys handling your claims or non-licensed employees?
    • Does the carrier hire experienced defense attorneys with expertise in legal malpractice cases to defend claims and disciplinary actions?
    • Does the carrier provide additional resources like loss prevention guidance, an attorney Help Line, free CLE, form bank, and articles about loss prevention issues?
    • In addition to coverage for legal malpractice claims, what other bells and whistles does the policy have?
  • Compare the terms and provisions of the policies you are considering to determine true value of what you are receiving for your premium dollars – not all policies are equal.
• Know you retroactive date and avoid any gaps in coverage to make sure the retroactive does not change from the date you were first insured under any insurance policy.
• If you make a lateral move:
  • Ask your new firm about their coverage and about your retroactive date on their policy to see if it covers your conduct back to your initial date of coverage.
  • If it does not, and the firm you are leaving is closing, or you are concerned it may close/dissolve/merge after you leave, investigate to see whether you can purchase extended reporting or tail coverage.
• If you decide to close your practice, be sure to contact the carrier about the availability of tail coverage.

[1] TLI’s premier policy offers a $50,000 expense allowance outside of the policy limits which is exhausted first before defense costs begin to erode policy limits.
[2] *(TLI’s premier policy offers coverage for securities work, DTPA damages, and punitive/exemplary damages)
[3] *(TLI’s premier policy offers coverage for securities work, DTPA damages, and punitive/exemplary damages)
 

By Carrie Johnson Phaneuf