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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.

Compare TLIE’s Premier & Essential Policies

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Limits of Liability

Premier Policy

Offered to firms that meet TLIE’s standard underwriting criteria.

Essential Policy

Only available with excellent claim history. Discounted rates may be available for new lawyers (licensed less than 3 years), part time lawyers and for referral service work only.

Underwriting Criteria

Premier Policy

Available with limits of liability from $100,000 to $10,000,000

Essential Policy

Available with 4 different limits of liability: $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

Deductibles

Premier Policy

Vary based on the limit of liability and insured’s qualifications. Applies to loss payments and defense costs.

Essential Policy

$1,000 deductible per policy year. Applies only to loss payments.

Expense Allowance

Premier Policy

Additional $50,000 for defense costs (limits up to $1 million.)

Essential Policy

Defense costs included in policy limit.

Prior Acts Coverage

Premier Policy

In general, legal services covered since Retroactive Date (based on insured’s coverage history.) Subject to change based on insured’s qualifications and/or special circumstances.

Essential Policy

Generally limited to 2 years.

Securities Work

Premier Policy

Coverage provided for securities-related legal work.

Essential Policy

Not available for this plan

Punitive Damages

Premier Policy

If actual damages are covered, then punitive, exemplary and mental anguish damages are covered.

Essential Policy

Not available for this plan

DTPA Damages

Premier Policy

If actual damages are covered, then additional DTPA damages are covered.

Essential Policy

Not available for this plan

Grievance Defense

Premier Policy

Up to $25,000 for defending each disciplinary action, with a maximum of $50,000 per Policy Period.

Essential Policy

Not available for this plan

DTPA Damages

Premier Policy

$500 for each day out of the office for trial, mediation, arbitration or the insured’s own deposition in defending a claim, with a maximum of $10,000 per Claim and $25,000 per Policy Period.

Essential Policy

Not available for this plan

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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