Superior Court of New Jersey: Statute Binds Lawyer, Not Insurer
Whose responsibility is it to comply with professional liability statutory requirements, the attorney or the insurer providing the professional liability policy?
June 17, 2021 at 08:45 AM
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The Superior Court of New Jersey has refused to place the responsibility to comply with a court rule requiring a minimum amount of professional liability coverage for attorneys practicing as an LLC with an insurer. The court, instead, ruled that it was the responsibility of the insured to ensure that it had enough coverage to be in compliance with the court rule. The case is Cadre v. ProAssurance Cas. Co. ., No. A-4969-18, 2021 N.J. Super. LEXIS 77 (Super. Ct. App. Div. June 9, 2021.
Jill Cadre is a New Jersey attorney who conducts her practice as a limited liability company, The Cadre Law Firm, LLC. New Jersey Rule 1:21-1B, governs the practice of law as an LLC and among other things, mandates that attorneys who practice law must have professional liability insurance which provides coverage to the LLC for damages “arising out of the performance of professional services by attorneys employed by the [LLC] in their capacities as attorneys.”
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