Malicious prosecution coverage for Lawyer on CGL?

[Agent79]

I have a lawyer. He sues Doctors for malpractice. Sometimes that turn around and sue him back for malicious prosecution.

He said his Professional Liability Policy does not cover him for malicious prosecution.

I am writing him a CGL. The base form # is the CG 00 01 (12/07). I of course assumed that I would find an exclusion for "professional services" etc... or something like that. I have read the form, I just can't find it. I just can't believe when the CGL covers "Personal and advertising injury" which includes coverage for malicious prosecution that they meant to include attorneys as well acting in their own profession. I'm at a loss. I'm a CPCU and feel like an idiot. Any comments appreciated.

[earlybird]

Dont feel bad, I am a CPCU and have a few other designations, and I have to read the CGL forms daily, when confronted with coverage questions. I suggest that you consult Black's Law Dictionary and read the explanation of "malicious prosecution." "Malicious" indicates/implies that there is an "intent" to prosecute and we know that intentional acts are usually excluded in the CGL forms. As a further reference source, you can inquire of the FC &S authorities as to this question. Finally, while the CG 00 01 12 04, which is used in the policies that my company uses ,excludes "a. Knowing Violation of Rights of Another" on page 6 of 15. I imagine that is the exclusion for the denial of coverage. "Malicious prosecution" is not mentioned expressly, that I can see.

[alardler]

Who is your client's policy with? Is it admited or surplus lines?

I would be leary about using anything that isn't a true "professional liablity" policy for his coverage. Scout around, there are enough LPL insurers out there that can help him. Consult his state bar too as they will have a list of carriers in his state.

Also, he would be considered a higher risk attorney since his practice is mostly medical malpractice plaintiff work.

Another thing to consider is does the LPL insurer offer any risk management programs to help reduce his premium (with credit incentives)? And do they provide access to free CLE credits (which all attorneys need to maintain their bar license).

As a former LPL underwriter, I feel he will get more comprehensive coverage if you work with an insurer who specializes in legal professional liability insurance. They will take that exposure into consideration and can help explain ways to provide adequate coverage.

[LadyBroker]

While you are correct that the CG0001 form does not contain an exclusion for professional services, there is also no trigger for Professional Services, there has to be Property Damage or Bodily Injury to trigger coverage, and Maliscious Prosecution would only be Financial Damages.

Plus, your CGL carrier is going to attach a Professional Services exclusion to this account, being as it's an attorney exposure.

In my humble opionion, anyway...