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Channel: Comments on: Understanding your Malpractice Policy – Beware the "Hammer Clause"
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By: Eric Cooperstein

Although this wasn’t the main point of your post, I’m commenting on your statement that states require malpractice insurance because they don’t want to pay the costs of lawyers’ malpractice out of the...

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By: Susan Cartier Liebel

Eric, thanks for visiting. Yes, client security fund is generally for theft not covered by malpractice. And I have strong opinions about mandated malpractice insurance, anyway. But most interesting to...

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By: Malcolm Ruthven

Thanks for the insurance article. I’m right now getting quotes from a recommended agent for malpractice insurance. I had no thought about the settlement issue or hammer clause but now I do and will ask...

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By: Susan Cartier Liebel

Malcolm, I don’t know if it is a common provision, but if it has become a common provision it is because of practitioners being fearful of notifying a potential claim until it’s gotten more costly for...

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By: Malcolm Ruthven

Thanks, Susan. I heard back from the agent and yes, that provision is in all policies according to this agent, as is a “hammer” clause. It seems that we don’t have a choice these days.

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By: Susan Cartier Liebel

Malcolm, That is not true. The ‘hammer clause’ is not in all policies. It is in those policies where you don’t pay a premium to have full consent to settle without condition. You do have choices. The...

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