Thursday, December 10, 2009

What To Do In Case Of An E&O Suit

Christopher Boggs has written an excellent article on the do's and don'ts should you be hit with an E&O suit (link here). Some of his main points:

  1. Don't overreact.
  2. Don't make any changes to the client's file as it relates to the charges.
  3. Don't discuss the claim with anyone other than the claims representative, defense attorney or any other member of the office DIRECTLY involved in the claim.
  4. Do not make any admission of liability or wrongdoing; and do not offer or make payment.
  5. Do not provide any written or recorded statement to the plaintiff without your carrier’s claims representative present.
  6. Do not allow inspection, copying or removal of client files and records without consulting with the claims representative managing the claim.
  7. Do not try to manage the claim on your own.
Now, the things you should do:
  1. Notify the E&O carrier of a “claim” at once.
  2. Gather and organize all pertinent records related to the insured and the situation.
  3. Write down all the information known about the incident surrounding the claim.
  4. Cooperate with the E&O carrier.
  5. Make sure you comply with all policy conditions and requirements.

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