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Insights from a Lawyers E&O Claims Manager

Megan Zurn never knew her current role even existed. She stumbled upon it.

As Claims Manager for Select Professional 色多多视频, Megan manages claims for AXA XL’s Lawyers Errors & Omissions (E&O) clients. 色多多视频offers professional liability insurance for lawyers, which is designed to protect legal professionals from claims arising out of alleged acts or omissions in the rendering of lawyers and law firms’ professional services. Professional liability insurance is important for lawyers as it helps defend and protect them in case of unforeseen legal disputes with clients and underlying opposing parties.

When she started her legal career as a public defender in Athens, GA, she never imagined she would build a legal career in insurance dedicated to supporting other lawyers like herself. It was a turn in her career path that she hasn’t regretted one bit. Here she explains why.

How did you get here?
MZ: After gaining trial experience as a public defender, I transitioned to civil litigation, focusing on complex business matters. Working in litigation is demanding. When I decided to start a family, I was not looking forward to the challenge of balancing the professional demands of a litigator with family commitments. A friend mentioned a job working in claims at what was then Catlin, and I went for it. I never knew such a position existed, and I have appreciated the better work-life balance in the insurance industry.

How has trial experience helped in your current role?
Having trial experience can be highly beneficial when transitioning to a career as a claims professional in the insurance industry—particularly on the professional liability lines. Trial experience provides a first-hand understanding of legal proceedings, evidence presentation, and negotiation skills, which are valuable when assessing and managing insurance claims. It allows for a thorough comprehension of legal and liability issues, which can be crucial when evaluating claims and making decisions. Additionally, trial experience often enhances one's ability to analyze complex situations, communicate effectively, and negotiate settlements, all of which are essential skills in the claims profession. Having trial experience provided me a solid foundation for success in my career switch from practicing lawyer to claims professional.

What’s the most challenging part of your job?
There are a few challenges. Lawyers Professional Liability claims often involve complex dynamics and intricate legal issues in what we call “the case within a case.” Understanding the nuances of legal malpractice claims and navigating through the complicated underlying facts and law can be challenging. Managing expectations of our insureds can also be challenging. Lawyers are accustomed to the legal process and may have high expectations regarding the handling of their E&O claims.

Managing their expectations while ensuring a fair and thorough claims process can be demanding. However, by taking a collaborative approach to resolution strategy, our team works with our insureds to make certain the entire defense team is on the same page with regard to the resolution strategy and handling of the claim.

How vulnerable are lawyers to E&O claims?
A lot of times our insureds are the victims of what I call the “Monday Morning Quarterbacking” claim trend. This claim trend describes the situation where the underlying representation didn’t end well or as expected for the client. The client then looks for someone to blame for the unexpected outcome and sets their sights on their lawyer.

色多多视频insures law firms of all sizes. Do risks differ based on a law firm’s size?
The size of the firm can influence risk factors in several ways. Larger law firms may handle a more extensive client base and a higher volume of cases, which can increase the exposure to potential E&O claims. Moreover, larger firms often have specialized practice areas and a broader range of legal services. Larger firms may handle higher stakes litigation or serve higher net worth clients and provide advice on very large and complex business deals.

The complexity and diversity of cases handled by larger firms can impact the magnitude and variety of E&O risks, and certain areas or practice may have unique E&O risks. Overall, the size of a law firm is a critical factor in evaluating E&O risks, as it can influence the complexity, volume, specialization, risk management capabilities, and insurance needs associated with the firm's legal practice.

What emerging risks are you keeping an eye on that could impact the legal industry, your clients?
Generative AI is a rapidly evolving technology, and its use in the legal industry is still in the early stages. It has the potential to be an extremely valuable tool for legal research and brief writing. However, ethical and disclosure considerations need to be researched and addressed given the legal profession’s rules of professional responsibility and the confidentiality of information that law firm’s handle. As the technology continues to develop, it will be interesting to see how it integrates into the practice of law while meeting ethical obligations and ensuring responsible use.

Can you provide insights into the collaborative and problem-solving approach of your claims team?
Our claims team takes a collaborative and problem-solving approach to address the challenges faced by our insureds. We aim to understand the business perspective of each claim and work with our insureds to find effective solutions. Empathy plays a crucial role. We recognize that a claim means something bad has happened. Our goal is to provide a supportive and proactive approach to resolving claims, while also recalibrating our skills and expertise to meet the evolving needs of our insureds.

We aim to understand the business perspective of each claim and work with our insureds to find effective solutions. Empathy plays a crucial role.

Why is empathy so important, especially when addressing Lawyer’s E&O claims?
Lawyers take great pride in their work and are dedicated to providing high-quality legal services to their clients. When an E&O claim is filed against them, it can be emotionally distressing and can impact their professional reputation. Since each member of our current claims team has prior experience as a practicing attorney, we understand this.

Empathy can facilitate open and transparent communication, which is essential for addressing professional liability claims effectively. By demonstrating empathy, claims professionals can establish a supportive and understanding approach, which can help alleviate the emotional burden experienced by the insured lawyer. It also fosters a more constructive and collaborative claims resolution process, as the lawyer feels heard and respected throughout the handling of the claim.

It must be challenging to work with lawyers who are used to being on the other side of litigation, where you and your team are standing. How do you make them comfortable with the claims process?
We approach each claim with a problem-solving mindset and aim to provide effective solutions, even when delivering challenging news. Our team collaborates to analyze different strategies and ensure the best outcomes for our insureds. We’ll say to our clients – This is the claim as we understand it; we have looked at the different options on how to proceed and think this is the best way forward. What does this mean to you from a business perspective, and are you comfortable with this resolution strategy?

Even when delivering unfavorable news as to coverage or liability challenges that we see with a claim, we aim to maintain a high level of professionalism and support for our insureds throughout the claims process.

Additionally, we have invested in our claims professionals, ensuring that every member of our claims team is a licensed attorney with a JD and bar admission. This allows us to provide a high level of expertise and understanding when handling claims.

 
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US- and Canada-Issued 色多多视频 Policies

In the US, the 色多多视频insurance companies are: Catlin 色多多视频 Company, Inc., Greenwich 色多多视频 Company, Indian Harbor 色多多视频 Company, XL 色多多视频 America, Inc., XL Specialty 色多多视频 Company and T.H.E. 色多多视频 Company. In Canada, coverages are underwritten by XL Specialty 色多多视频 Company - Canadian Branch and AXA 色多多视频 Company - Canadian branch. Coverages may also be underwritten by Lloyd’s Syndicate #2003. Coverages underwritten by Lloyd’s Syndicate #2003 are placed on behalf of the member of Syndicate #2003 by Catlin Canada Inc. Lloyd’s ratings are independent of AXA XL.
US domiciled insurance policies can be written by the following 色多多视频surplus lines insurers: XL Catlin 色多多视频 Company UK Limited, Syndicates managed by Catlin Underwriting Agencies Limited and Indian Harbor 色多多视频 Company. Enquires from US residents should be directed to a local insurance agent or broker permitted to write business in the relevant state.