Education is your best defense in guarding against professional liability claims. Sign up for our Email Newsletter and receive Alerts, Articles, and White Papers on protecting and managing your practice.
North American Professional Liability Insurance
Agency, LLP (NAPLIA) is a national agency that
specializes in procuring Professional Liability
Insurance. On average, each of our executives and
producers have over 15 years of experience in the
professional liability industry.
Contact us and you will speak directly with someone who is experienced in professional liability and will work with you to obtain the best options for your business.
Claim Reporting - Frequently Asked Questions
Please note that many of the answers to these questions may be subject to the policy language in your specific policy. This information is to provide a general overview only. Only the policy form and endorsements themselves can provide actual coverage wording and conditions.
When Should I report a Potential Incident or Claim?
Subject to specific policy wording, if during the Policy Period, you become aware of an incident that may reasonably be expected to give rise to a claim you should report it as early as possible, and in all cases, no later than the expiration of your current policy period.
I've received a Subpoena for client documents, or to testimony regarding a client, should I report this?
If you have reason to believe that the events surrounding the subpoena could potentially lead to a claim (see above) it should be reported as a potential claim. In addition, some policies provide supplementary subpoena coverage to provide coverage for the expense in responding to a subpoena. In this case, the reporting process is similar to a claim to activate this coverage. For more information on responding to subpoenas, download NAPLIA's White Paper.
How do I report a Claim, Potential Incident, or Subpoena?
See our Information about Claims Reporting page for details on reporting a claim and the necessary claim notification forms.
What happens after I report a claim
Once you provide the claim notification form to NAPLIA, we will formally notify the carrier. A claims representative from the carrier will respond to you directly with acknowledgement of the claim. It is common for a carrier to issue a "Reservations of Rights" letter. This is simply a letter that acknowledges receipt of the claim, but reservees their right to confirm, or deny, coverage under your policy until they obtain additional details.
Who will handle the claim?
The carrier will assign a claims adjuster within their office who is responsible for managing the claim. They will work directly with you to respond to the claimant, as well as, the necessary legal counsel.
Do I need to hire my own attorney?
Generally no. If necessary, the carrier will retain legal counsel on your behalf to respond and defend the claim.
What if I want to use my own attorney?
Insurance companies maintain relationships with "panel counsel" whom they use to respond and defend claims. These law firms have specific experience in the nature of the claim, and work under a pre-agreed billing schedule. Some carriers will consider your request for legal counsel, and others will not. If you would like to use your attorney consider they should have experience specific to the claim and be willing to work within the carriers billing schedule.
Is it ok for me to respond directly to the claimant?
Prior to responding to a claimants allegations you should be aware of your specific policy conditions and consult legal counsel. For more information on this subject read this article.