LAWYERS PROFESSIONAL LIABILITY AVAILABLE ENDORSEMENTS AND THEIR USES

(March 2023)

 

INTRODUCTION

This list identifies endorsements available to modify the LW 00 01–Lawyers Professional Liability Policy. It is arranged by form number and includes a title and briefly explains the use of each form. It does not include any state specific endorsements, changes, or amendments.

A list of forms that can be used with the Lawyers Professional Liability may be useful.

Related Article: Lawyers Professional Liability Policy Endorsements Checklist

FORM NUMBERING

The ten-digit numbering sequence of ISO forms and endorsements has a very specific meaning.

CATEGORIES

Endorsements are grouped in categories according to their purpose as follows:

 

LW 01

State Specific Amendatory Endorsements (not listed)

LW 04

Additional Coverage Endorsements

LW 12

General Endorsements

LW 20

Additional Insured Endorsements

LW 21

Exclusion Endorsements

LW 23

Miscellaneous Endorsements

LW 28

Extended Reporting Period Endorsements

ADDITIONAL COVERAGE ENDORSEMENTS (LW 04)

LW 04 01–Amendment of Coverage Extensions–Prior Acts of Designated Lawyer(s) at Designated Entity(ies)

Coverage is provided for the prior acts of any scheduled lawyer. If other insurance is available to the lawyer, that insurance is primary and this is excess if the coverage is both valid and collectible. This should be considered when a lawyer is hired and brings clients with him or her, especially if his or her prior firm has ceased operations.

LW 04 02–Amendment of Limits of Insurance

Attach this endorsement when changing the policy limits midterm.

LW 04 03–Counsel Selection

When this endorsement is attached the named insured has the right to review and to even disapprove of the insurance company’s choice of counsel.

LW 04 04–Amendment of Professional Services Definition

When a lawyer provides more services than are shown in the policy, this endorsement can be attached and the additional services scheduled on the endorsement.

LW 04 05–Abuse and Molestation

The abuse and molestation exclusion in the policy is amended to provide limited coverage for those who did not perpetrate the abuse and who did not fail to follow proper notification procedures.

LW 04 06–Amendment of Consent to Settle

The policy’s consent to settle provision states that the insurance company does not pay more than the settlement amount it wanted to offer that the named insured rejected and did not consent to settle. This endorsement softens that provision by providing a scheduled percentage that will be applied to the part of the claim that exceeds the rejected settlement amount.

LW 04 07–Amendment of Coverage Territory–Worldwide Coverage

The coverage territory is changed to anywhere except for countries subject to trade embargos. In addition, the requirement for claims to be settled in the United States, its territories, Puerto Rico or Canada is removed and wording added to allow for efficient handling of claims anywhere in the world.

LW 04 08–Amendment of Coverage Territory–Worldwide Coverage Except for Specified Countries

This endorsement is identical to LW 04 07 except that the expanded definition of coverage territory in the endorsement is modified to eliminate any country listed on the endorsement schedule.

LW 04 09–Amendment of Coverage Territory–Additional Scheduled Countries

This endorsement is similar to LW 04 08 except that territory is expanded to include only the countries listed on the endorsement schedule.

GENERAL ENDORSEMENTS (LW 12)

LW 12 01–Calculation of Premium

When a policy is issued on a multi-year or continuous basis this endorsement is attached to explain that premiums are recalculated on each anniversary date using rates that are in effect on that date.

LW 12 02–Policy Changes

This free form endorsement is used to make changes to the policy.

ADDITIONAL INSURED

LW 20 01–Additional Insured-Designated Person or Organization

The names of persons or organizations can be added who then become additional insureds but only for the wrongful acts of the named insured or those acting on behalf of the named insured.

EXCLUSION ENDORSEMENTS (LW 21)

LW 21 01–Exclusion–Area of Practice

Claims because of wrongful acts committed within the areas of practices scheduled on the endorsement are excluded.

LW 21 02–Exclusion–Claims Related to Fee Disputes

Any counter suit or similar actions brought by the client of an insured that are the result of an attempt by the insured to collect outstanding legal fees are excluded.

LW 21 03–Exclusion–Designated Individual(s) or Entity(ies)  

The entities or individuals listed are not insureds under this policy even if they would otherwise qualify under the Who is An insured section.

LW 21 04–Exclusion–Individual Prior Acts

Actions of all insureds listed on this endorsement are excluded if those actions took place prior to the entered retroactive date. That date can be earlier or later than the retroactive date on the policy declarations. This is a more specific type of Prior or Pending Litigation exclusion but does not replace it.

LW 21 05–Exclusion–Professional Services

Selected activities that are part of the unendorsed professional services definition can be specifically excluded from coverage by scheduling on this endorsement. The description should be very specific in order to avoid ambiguity.

LW 21 06–Exclusion–Designated Financial Institution(s)

Coverage is excluded for any professional services provided by an insured on behalf of the scheduled financial institution. This exclusion also applies to services provided to most individuals associated with the financial institutions.

LW 21 07–Exclusion–Designated Litigation or Other Incident(s)

Coverage is excluded for any lawsuit scheduled on the endorsement. This exclusion applies to the scheduled lawsuit and also any lawsuit resulting from the same situation that resulted in that lawsuit.

LW 21 08–Exclusion–Specific Subsidiary

Coverage does not apply to any subsidiary scheduled on the endorsement.

LW 21 09–Nuclear Energy Liability Exclusion Endorsement (Broad Form)

IL 00 21–Nuclear Energy Liability Exclusion Endorsement must be attached to most ISO liability coverage forms. This endorsement is almost identical to the IL 00 21except that it substitutes liability for bodily injury, property damage and medical payments.

Related Article: IL 00 21–Nuclear Energy Liability Exclusion Endorsement (Broad Form)

EXTENDED REPORTING PERIOD ENDORSEMENTS (LW 28)

LW 28 01–Additional Extended Reporting Period–One Year

This endorsement must be attached when the named insured requests the Additional Extended Reporting Period according to the policy’s Section VII–Extended Reporting Periods. The endorsement’s premium charge is due immediately. Neither the insurance company nor the named insured can cancel this endorsement once it is issued.