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Policy Overview
TLIE offers two types of professional liability insurance policies for Texas lawyers.
In general, the Premier Policy (formerly known as the Regular Policy) provides more comprehensive legal malpractice insurance coverage than the Essential Policy (formerly known as the Basic Policy). As a lower cost alternative to the Premier Policy, the Essential Policy has lower limits, lower deductibles and less comprehensive coverage than the Premier Policy. The major differences between the two policies are noted below, subject to policy endorsements for unique situations.
Most TLIE policies have aggregate deductibles. This means that the maximum amount of deductible a TLIE insured would be required to pay for all claims made during a policy year is the deductible amount chosen. Other carriers often have “per claim” deductibles which apply to every claim.
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The Premier Policy generally provides more comprehensive coverage than the Essential Policy, but at a higher premium.
Policy Limits
Higher Policy Limits are available under the Premier Policy ranging from $100,000 to $10,000,000. Even higher limits and excess coverage may be available under certain circumstances. Available deductibles range from $1,000 to $50,000, depending on the size of Policy Limit. Deductibles apply to both defense costs and any loss payment.
Claim Expense Allowance
All Premier Policies with a Policy Limit of less than $1,000,000 include an additional $50,000 Expense Allowance to pay for claim defense costs that do not decrease the Policy Limit. Defense costs in excess of $50,000 are subtracted from the limit of liability. An additional Claim Expense Allowance may be available for purchase for an additional premium on Premier Policies with a Policy Limit of $1,000,000 or more.
Grievances
The Premier Policy includes an additional allowance of up to $25,000 to respond to a grievance complaint.
Loss of Earnings
The Premier policy provides $500 for each day a lawyer is out of the office for trial, mediation, arbitration or your own deposition in defending a claim under the policy, with a maximum of $10,000 per Claim and $25,000 per Policy Period.
DTPA and Other Additional Damages
The Premier Policy specifically covers additional damages under the Deceptive Trade Practices Act. Furthermore, the Premier Policy contains no exclusion for punitive and exemplary damages, mental anguish and emotional distress damages.
Please note these brief highlights of the Premier Policy refers to the unendorsed P-11 policy form which you may, and should, review in detail. Any TLIE policy may be endorsed to vary from specimen policies provided to you. Policy provisions may be added or deleted depending upon underwriting circumstances. Please read any quoted policy carefully before deciding if it fits your needs.
The Essential Policy generally provides less comprehensive lawyers’ liability insurance coverage than the Premier Policy, and therefore, generally costs less than the Premier Policy.
Policy Limits
The only Policy Limits offered under the Essential Policy are:
$100,000 per claim / $300,000 aggregate
$200,000 per claim / $600,000 aggregate
$500,000 per claim / $500,000 aggregate
$1,000,000 per claim / $1,000,000 aggregate
All Essential Policies have a $1,000 deductible, which comes into effect only if a claim is paid.
Claim Expense Allowance
The Essential Policy covers defense costs up to the policy limit. But unlike the Premier Policy, it does not cover any defense costs in excess of the policy limit.
DTPA and Other Additional Damages
The Essential Policy specifically excludes coverage for additional damages under the Deceptive Trade Practices Act, punitive and exemplary damages, mental anguish and emotional distress damages. The Essential Policy also excludes coverage for securities work.
Please note these brief highlights of the Essential Policy refers to the unendorsed BSC-4 policy form which you may, and should, review in detail. Any TLIE policy may be endorsed to vary from specimen policies provided to you. Policy provisions may be added or deleted depending upon underwriting circumstances. Please read any quoted policy carefully before deciding if it fits your needs.
TLIE offers a special Essential Policy at a reduced premium to lawyers with limited or lower risk practices. The Essential Policy offered will be limited to Policy Limits of $100,000 per claim and $300,000 aggregate, with a $1,000 deductible.
New Attorney Essential Program
May be available to lawyers who have less than five years of private practice experience.
Part-Time Attorney Essential Program
May be available to lawyers who practice law less than full-time.
Referral Service Only Essential Program
Available to lawyers who only want coverage for the State Bar of Texas Lawyer Referral and Information Service (LRIS) and other lawyer referral services certified by the State Bar of Texas listed here. Only claims based on or arising from matters referred to the insured by a certified lawyer referral service are covered.
TLIE has been offering professional liability insurance to Texas judges since 1983. All TLIE Judges’ policies provide coverage of $1,000,000 per claim and $1,000,000 aggregate, with a $1,000 deductible, for a reasonable flat rate.
Of course, judges generally have immunity for judicial actions performed on the bench in their judicial capacity. However, many judges have additional administrative duties, including court administration and overseeing probation programs, for which judicial immunity may not be available.
While some judges may have the option of being defended by the Texas Attorney General’s Office, not all judges have that option. In the event they are sued, TLIE’s insured judges have the option of having TLIE hire private defense counsel to represent them.
Compare TLIE’s Premier & Essential Policies
Print ChartLimits of Liability
Premier Policy
Essential Policy
Underwriting Criteria
Premier Policy
Essential Policy
Deductibles
Premier Policy
Essential Policy
Expense Allowance
Premier Policy
Essential Policy
Prior Acts Coverage
Premier Policy
Essential Policy
Securities Work
Premier Policy
Essential Policy
Punitive Damages
Premier Policy
Essential Policy
DTPA Damages
Premier Policy
Essential Policy
Grievance Defense
Premier Policy
Essential Policy
DTPA Damages
Premier Policy
Essential Policy
Additional Services
TLPIA Policies
Texas Lawyers’ Professional Insurance Agency (TLPIA) is a wholly-owned subsidiary of Texas Lawyers’ Insurance Exchange (TLIE) that was created in 1998 to facilitate the placement of professional liability and other types of insurance coverage for lawyers that TLIE is unable to write directly.
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