USFN Member Event, Charleston, SC

Vern Barclay will be attending the USFN Member Event, Charleston, SC on November 3-6

http://www.usfn.org

Shea Barclay sponsored the Tampa Pig Jig

Shea Barclay sponsored the Tampa Pig Jig and competed in the BBQ competition this weekend. We came in 1st for brisket. To see all the winners, click here:

Orlando ALA Vendor Appreciation Event

Jack Compton and Mike Shea will be attending the Orlando ALA Vendor Appreciation Event on 10/19

CNA Annual Womens Golf Outing on October 18th

Jennifer Pizzarello, Sandy Garrick & Talyn Guercio will be participating in the CNA Annual Womens Golf Outing on October 18th

Komen Central Florida Race for the Cure: October 23

October 23 Central Florida: Sandy Garrick will be at the Komen Central Florida Race for the Cure For information, visit: komencentralflorida.org

Pet Rescue by Judy After Party for Pulse Orlando Oct 8

Sandy Garrick will be walking dogs that are up for adoption at a parade in honor of the Pulse nightclub shooting victims.

The Florida Office of Insurance Regulation Takes Action on Workers’ Compensation Insurance Rates

September 28, 2016

Tallahassee, FL – After a thorough review of the workers’ compensation insurance rate filing submitted by the National Council on Compensation Insurance (NCCI) and careful consideration of hundreds of public comments and testimony received from interested stakeholders, the Florida Office of Insurance Regulation (Office) has issued an Order (PDF) that gives contingent approval to an overall combined average statewide rate increase of 14.5% versus the requested 19.6%. Approval of the revised rate increase is contingent on NCCI amending the filing to include the recommended changes stipulated within the Order. As ordered by the Office, the revised rate increase would become effective on December 1, 2016 for new and renewal business, with no change in rates for current in-force policies. The amended rate filing must be filed with the Office for review and approval no later than October 4, 2016.

The NCCI rate filing was originally submitted in May of this year and amended in June to address the impact of three recent legal changes, including two Florida Supreme court case decisions (Castellanos v. Next Door Company and Westphal v. City of St. Petersburg) and legislatively-mandated updates to the Florida Workers’ Compensation Health Care Provider Reimbursement Manual (HCPR Manual).

If NCCI submits the required amended rate filing and it is subsequently approved by the Office at an overall combined average statewide rate increase of 14.5%, the individual rate impacts will include:

• A 10.1% statewide average rate increase for the April 28th Florida Supreme Court decision in the case of Castellanos v. Next Door Company, which found the mandatory attorney fee schedule in Section 440.34, Florida Statutes, unconstitutional as a violation of due process under both the Florida and United States Constitutions.
• A 2.2% statewide average rate increase for the June 9th Florida Supreme Court decision in the case of Westphal v. City of St. Petersburg, in which the Florida Supreme Court found the 104-week statutory limitation on temporary total disability benefits in Section 440.15(2)(a), Florida Statutes, unconstitutional because it causes a statutory gap in benefits in violation of an injured worker’s constitutional right of access to courts. The Supreme Court reinstated the 260-week limitation in effect prior to the 1994 law change.
• A 1.8% statewide average rate increase related to updates within the Florida Workers’ Compensation HCPR Manual per Senate Bill 1402. The manual became effective on July 1, 2016.

The Florida Supreme Court recently made two separate rulings that have triggered a monumental reform of Florida’s Workers’ Compensation Laws and Rates.

As some of you may be aware, the Florida Supreme Court recently made two separate rulings that have triggered a monumental reform of Florida’s Workers’ Compensation Laws and rates. The recent rulings will reverse the 60% rate decrease we’ve experienced since 2003.

What does this mean for your company?

A proposed rate increase of 19.6% has been recommended to take effect October 1st, 2016 for all new and renewal policies. Furthermore, the ultimate rate increase will apply on a pro-rata basis to all policies in place on October 1st, 2016.

What can I expect as a result of this overhaul?

These recent changes will now encourage more litigation due to attorney fees no longer being capped on cases. There is also potential for prior claims still within the statute of limitation (2 years from accident, 1 year from last payment) to be re-opened due to the recent case law.

What can you do to alleviate the financial burden?

This is a great time to evaluate your current risk management and claims prevention protocols. Workers Compensation is the one insurance coverage where an ounce of prevention is truly worth a pound of cure when it comes to controlling your premium. It will be important going forward to really work closely with your employees and making sure claims are managed properly. Getting injured workers back to work will be critical! This could help offset some of the cost increase in the event your claims experience is positive.

What are my options from an insurance standpoint?

Medical malpractice case settled for $6 million

MERCER – A judge on Wednesday approved a $6 million settlement in a medical malpractice case.

Leigh A. Isaacs initiated the action in response to the death of her husband, Harold D. Isaacs Jr. of New Wilmington, who died at age 41 on June 21, 2013.

A notice of intent to sue was filed June 19, 2015, in Mercer County Common Pleas Court against Dr. Joseph J. Wizorek, UPMC Horizon in Greenville and University of Pittsburgh Physicians, but the parties reached the settlement in May without a formal complaint being filed.

According to a petition filed by Isaac’s attorney, Neil R. Rosen of Pittsburgh, Harold Isaacs was involved in a minor traffic crash. A CT scan of his chest revealed a “small, asymptomatic mass” in connecting tissue. Harold Isaacs was referred to Wizorek, who recommended surgery to remove the mass.

Surgery was performed June 20, 2013, but Isaacs died the next day of multi-system organ failure.

Rosen said he obtained an expert opinion that there “numerous deviations from the standard of care” in Harold Isaacs’ case, and initiated the wrongful death claim.

Of the settlement, $2.4 million will go to Leigh Isaacs and $1.2 million each will go to Harold Isaacs’ minor children. Rosen will receive $400,000.

Judge Christopher J. St. John approved the settlement. Read full article, click here.

Uptick in Lawyers’ Liability Claims; Business Transactions Top Claim: Study Shows

Law firms have seen an increase in the frequency of malpractice claims, which are becoming more costly to defend and could cause lasting reputational damage, according to a new study by insurance broker Ames & Gough. The study found that most legal malpractice insurers saw an increase in the frequency of new claims in 2015, including larger claims with costs in excess of $50 million.

In its sixth annual survey of lawyers’ professional liability claims, Ames & Gough examined the trend by polling nine lawyers’ professional liability insurance companies that on a combined basis provide insurance to more than 60 percent of the AM Law 100 firms.

Five of the insurers reported greater malpractice claim activity in 2015 compared to the prior year; four reported seeing a similar number of claims both years. Overall claim volume had been stable in 2013 and 2014, even as the number of larger claims continued to rise.

In the past two years, eight of the insurers surveyed participated in paying a claim of $50 million or more, including two that participated in a claim exceeding $100 million. Six of the nine insurers surveyed reported they had 21 or more claims with reserves of $500,000 or greater (combined indemnity and defense costs), the same number as in 2014.

Click here to read full article.

Vern Barclay attends ALFN event in Asheville

Vern Barclay has been at an ALFN event for the last few days in Asheville

About the ALFN

The ALFN is a national network of legal and residential mortgage banking professionals and leads the industry as a provider of strategic and timely education. The largest national organization of its kind, the ALFN offers members of the residential mortgage banking community high quality educational and training resources. ALFNs membership rosters include professionals from the following segments of the residential mortgage banking community: Legal, Residential Mortgage Bankers and Investors, Risk Evaluation, Investment Research, Consulting, Land and Title, Technology and Asset Protection.

Learn more about ALFN, click here.

A push to make cops buy liability insurance in Minneapolis

As an advocate for victims of police brutality and their families, Michelle Gross has alternately worked with and needled Minneapolis city officials. During 30 years of activism, Gross has pursued many, if not most, ways for residents to improve police accountability, from designing civilian oversight to compiling hard-to-get complaint data.

Then six years ago she got a different idea: professional liability insurance. Doctors and lawyers carry malpractice insurance. Why not require police officers to purchase coverage and make them, not just the city, pick up the tab in misconduct settlements?

Gross didn’t know it, but she was about to shake the dust off an old idea that had disappeared from practice more than 50 years ago. The idea upsets modern norms, divides policing experts and potentially recalibrates the balance of power between community, police and city government.

“I thought it was flipping brilliant,” Gross said.

At the time, a string of police misconduct suits and six-figure settlements under then-police chief Tim Dolan had grabbed local headlines. Gross saw a chance to attack a two-pronged problem: officer discipline and runaway payouts. “I’m a homeowner and taxpayer, and I don’t like that our city is budgeting for police misconduct,” she said.

Read more: Chicago reporter

NJ: No Vicarious Liability for Partner Where LLP Lacked Tail Coverage

The requirement for a law firm organized as a limited liability partnership to maintain malpractice insurance does not extend to the period when a firm is winding up operations and has ceased to provide legal services, the Supreme Court has ruled.

The plain language of Rule 1:21-1C ties the insurance mandate to the performance of professional services, and that term doesn't encompass the administrative duties related to a windup, the court ruled in Mortgage Grader v. Ward & Olivo. Affirming an Appellate Division order, the court said a motion judge erred by converting the Summit firm from an LLP to a general partnership for failing to carry malpractice insurance while winding up operations.

As a result of the ruling, Mortgage Grader Inc., which hired the firm's John Olivo in 2009 to address claims of patent infringement, has no vicarious liability claim against the firm's other partner, John Ward, for Olivo's alleged malpractice, the court said. Mortgage Grader, based in Laguna Niguel, California, entered into settlement agreements related to the infringement claims that gave rise to allegations of malpractice. In June 2011, Ward & Olivo dissolved and entered into a windup period while collecting outstanding legal fees and paying taxes.

The firm's claims-made policy ran through Aug. 8, 2011. In October 2012, Mortgage Grader filed a malpractice suit against the firm, Olivo and Ward, alleging malpractice by Olivo in relation to the settlements. Mortgage Grader served an affidavit of merit on Ward & Olivo and Olivo but not on Ward.

Ward moved to dismiss, arguing that he could not be held vicariously liable, and that he had not been served with an affidavit of merit. The judge hearing the motion concluded that the lapse of the firm's malpractice insurance policy relegated the firm to a general partnership and, therefore, Ward could be found vicariously liable. The Appellate Division reversed in 2014, and Mortgage Grader appealed. At the Supreme Court, Mortgage Grader asserted that Olivo's termination of the attorney-client relationship in May 2012, nine months after his firm's malpractice insurance lapsed, dictated that the firm should have purchased so-called tail coverage for the windup period. Ward, for his part, argued that a mandate to purchase tail coverage would require coverage perpetually into the future, since the six-year statute of limitations would not apply to representation of a minor or the drafting of a will.

Under R. 1:21-1C, adopted in 1996, a law firm organized as an LLP must carry at least $100,000 in insurance for each attorney employed, Justice Faustino Fernandez-Vina wrote for the court. The rule was intended to protect partners from lawsuits premised on vicarious liability, but common sense and public policy dictate that partners should not be allowed to seek shelter behind the liability shield of an LLP when they have not maintained malpractice insurance, Fernandez-Vina wrote.

Full article: www.njlawjournal.com

5 essentials of a Cyber liability insurance policy

Data breaches pose one of the most pressing and potentially devastating risks to businesses across the globe.

The significant financial and reputational damage resulting from a hack can impact the entire business on an unprecedented scale. The problem is increasingly widespread in our hyper-connected world, and according to the Identity Theft Resource Center, 781 data breaches were recorded in the United States in 2015, the second most active year in the past decade.

These threats continue to grow at an exponential rate, and cybercriminals are becoming increasingly sophisticated in their methods of attack. Now more than ever, it’s imperative that businesses both large and small go on the offensive to safeguard the sensitive information of their employees, partners and customers by taking the proper preventive measures and implementing a comprehensive Cyber liability insurance policy.

The term “Cyber liability” insurance is somewhat of a misnomer because people tend to equate the word “cyber” with a technological hacking event. However, a more appropriate name for the policy would be “privacy liability,” because the scope of coverage includes the loss of private information through almost any process of theft, not just virtual.

While the widely known tactics of hacking, skimming and phishing were the leading causes of data breaches in 2015, nearly 50% of total data breaches last year were the result of employee error, improper disposal of documents, lost equipment and other non-technological failures.

The costs of not securing adequate protection could be devastating to a business. In fact, the Ponemon Institute’s 2015 Cost of Data Breach Study concluded that data breaches on average leave companies on the hook for $3.79 million in damages per incident, but depending on the cause of the data breach, this number can be even higher.

Forensics and legal
Public relations
Notification costs and credit monitoring
Business interruption coverage
Cyber extortion coverage

Read More: www.propertycasualty360.com

What will they think of next? Compliance related insurance and the ever increasing demands…

By Jack Compton, Advisor at Shea Barclay Group

With law firms in the collection and default space facing unprecedented levels of compliance demands from clients, coupled with what has become an almost insurmountable level of scrutiny within the industry, adhering to insurance requirements has become a major obstacle. Over the past six years, fueled by the legislative climate, the frequency of alleged professional liability claims has reached staggering levels. This, amplified by changes in the insurance marketplace, has skyrocketed premiums and made it challenging to find adequate coverage to meet the needs of law firms in this sector.

The professional liability policy (also known as errors & omissions) is typically the most significant cost of all policies, and can also potentially cause the most headaches for the firm. Making sure your policy provides specific language covering FDCPA and TCPA matters is crucial. It has been our experience that some basic, “off the shelf” policies are either silent or sometimes exclude these coverages altogether.

Another creative strategy for managing potential claims activity is through what is known as bordereau reporting. This specific endorsement is advantageous for managing frequency of nuisance claims without potentially violating the notice requirements built into most policies. This allows an insured to provide a summary of all potential matters in agreed upon time increments (usually every three or six months). It prevents firms in a practice area with a high frequency of claims from having to report matters on a constant basis, which bogs down attorneys and management. Along these same lines, some carriers will allow the firm to self-represent themselves in these nuisance matters. It can create a win-win for the insured and the insurance company, as firms can often times make these matters go away on summary judgement, at no cost to the insurance company. Another important consideration is controlling how your defense counsel is assigned to represent you should the need arise. Most carriers utilize a pre-determined group of law firms known as panel counsel. However, given the uniqueness of the default/collection practice, we have found that it takes practice area specific experience to navigate the proper defense as compared to a typical legal malpractice matter. It is important to negotiate that either mutual choice or selection of counsel be added to your policy.

Ultimately, the firm developing a positive, working relationship with the claims department before claims develop is always prudent. A specialist broker should know key members of the carrier’s claims team, and can facilitate an introduction once your firm becomes an insured, or possibly even during the due diligence and carrier selection process.

Switching gears, cyber liability policies are quickly becoming a must purchase for law firms. Many clients are requiring that firms purchase it, and even ones that are not required are beginning to understand the serious exposure that all firms face. These policies protect the firm in the event of a data breach, whether it be from an outside source, or someone within the firm. Much of the exposure that firms face is the notification costs required by law in most states if a data breach occurs. The policy will hire an outside vendor to handle all of the notification requirements and monitoring services. We typically recommend a Difference In Conditions (DIC) policy, which works in conjunction with the firm’s professional liability policy. The intent of a DIC policy is to prevent a potential gap in coverage, where both carriers point the finger at each other trying to deny coverage. The cost of cyber policies continues to decrease, as more carriers enter the market. As this is a relatively new product, there is very little claims data for underwriters and actuaries to fully assess the risk and exposure. We would expect the cost of cyber policies to increase as claims begin to emerge and be litigated.

A crime policy is an important and relatively inexpensive policy that collection firms should be carrying as well. Some of the key coverage provisions are employee theft, which would provide coverage for something as a rogue employee withdrawing funds from a firm account. The policy can also provide coverage for 3rd party theft, as well as social engineering. Social engineering is an ever increasing issue, where a hacker can manipulate an email to make it appear it came from a firm email account with instructions for wiring money to a fraudulent bank account. By the time the mistake is uncovered, the money is typically long gone. While the number of carriers writing crime coverage for law firms is relatively small when compared to professional liability, rates remain very stable and coverage is readily available for firms with a positive loss history.

Shea Barclay Group (SBG) is an industry leader in providing uniquely tailored professional liability insurance solutions to law firms nationally. Over the past 15 years, SBG has developed a unique niche focusing on collection and default law firms. SBG has worked in conjunction with its many global insurance underwriting relationships to implement a number of specialized products to meet these ever expanding demands. Today, our client experience incorporates both large and small firms in just about every jurisdiction in the country. www.sheabarclay.com Jack Compton
813-418-3487
jcompton@sheabarclay.com

Leukemia & Lymphoma Society Gala

Shea Barclay & Greg Weaver are large supporters of the Leukemia & Lymphoma Society.

This past weekend was a fantastic gala.

The Girl of the Year is Marissa.
The Boy of the Year is Carlos.
Both are Acute Lymphoblastic Leukemia survivors.

The Woman of the Year is Dr. Julia Cogburn
The Man of the Year is Dan Chianese

The total amount raised by all of the candidates in honor of Marissa and Carlos during the 10 Week campaign was over $350,000.
Greg Weaver serves on the Leadership Team and SBG was a Bronze Level Sponsor.

To see pictures from the event, click here.

To learn more about , click here.

The National Creditors Bar Association (NARCA)

Both Mike Shea and Jack Compton attended the NARCA convention in Chicago.

The National Creditors Bar Association (NARCA) is a trade association dedicated to serving law firms engaged in the practice of creditors rights law.

Mission

“The National Creditors Bar Association (NARCA) is a trade association dedicated to serving law firms engaged in the practice of creditors rights law.”

Quick Overview

Creditors rights attorneys in 594 law firms and other creditors rights practices.
Over 3,000 attorneys in 50 states, Canada and Puerto Rico
95%+ of firms considered law firm small businesses under the Small Business Administration (SBA) classification 1
52% of firms with 25 employees or less
53% practice creditors right law in multi-state jurisdictions
27% are woman- and minority-owned law firms
75% are members of their State Creditor Bar Association
19 creditors rights practice groups

To learn more about NARCA, click here.

YMCA Annual Giving Campaign

Shea Barclay is a big supporter of the YMCA and helps support the YMCA in the Tampa Community. Michael Shea spent time helping out at the Annual Giving Campaign.

For more information on the Tampa area YMCA, click here.

6 Big Business Insurance Risks (and How to Mitigate Them)

Every business comes with a certain amount of risk. Although pitfalls and challenges can't be avoided, they can be mitigated with the proper precautions, planning and insurance coverage.

Insurance and legal experts shared their thoughts on today's biggest insurance risks for business owners, and what you can do to protect yourself against them.

Data breaches

Businesses in all industries have seen a huge increase in cybersecurity problems in recent years. Chris Roach, managing director and national IT practice leader of CBIZ Risk & Advisory Services, said data hacks have hit fast-food retailers and e-commerce businesses particularly hard. However, he added that every business that accepts credit cards should be re-evaluating and standardizing its security practices to protect against fraudulent activity.

Click Here to Read Full Article:

Professional Services Firms under threat: data security breaches and compliance risks

The recent fallout from the “Panama Papers” data leaks have not only thrown the use of offshore tax havens and fiscal transparency back into the spotlight, but also highlighted the threat of data security breaches and associated compliance risks to corporates, including law firms in particular. We have brought together an overview of the main legal issues arising from these leaks, commenting on the risks and implications for: money laundering, asset tracing, circumvention of sanctions, data protection, corporate reputation, professional indemnity and cyber security risks and funds, private equity structuring and tax.

Professional Indemnity cover and Cyber security risks

Law firms and other professional service providers face two major risks in relation to cybercrime which may not be covered by professional indemnity coverage: breach of client confidentiality and structural/financial impact upon a law firm itself.

Unauthorised “leakage” of confidential information by employees, commercial espionage, “phishing” attacks, the use of “malware” and hacking are all risks facing law firms given the nature of confidential information they hold. Where these result in civil claims against the firm by clients or other third parties to whom the firm owes a duty of care and/or prompt an investigation or inquiry, there may be cover under the firm’s professional indemnity cover, subject to its terms and conditions (which commonly exclude cover for fines or penalties).

Firms may also face threats to their own ability to carry out their professional business, for example, due to attacks on their own websites or servers or on those of external providers. As well as some third party losses, first party losses - such as breach response, PR expenses, forensic investigations, business interruption, denial of service, extortion threats, breach of employee confidentiality, and fines and penalties - caused to a law firm may not be covered by its professional indemnity insurance.

Where news of a breach of confidentiality breaks, a firm is in a situation which has legal, regulatory, technical and public relations dimensions and it is vital that a firm (a) plans for this contingency and (b) identifies in advance a specialist internal or, if necessary, external team that can assist. Many cyber insurers provide access to such support as an ingredient of the coverage.

Read full article: http://www.lexology.com

April 18th - Mike Shea will be running in the 120th Boston Marathon Race

Press Release:

Mike Shea of the Shea Barclay Group in Tampa, Florida will be running in the 120th Boston Marathon Race.

DISTANCE: 26 MILES, 385 YARDS (42.195 KILOMETERS)

The Boston Marathon is the world's oldest annual marathon and ranks as one of the world's most prestigious road racing events. The Boston Athletic Association manages this American classic, which is sponsored by John Hancock Financial Services. The Boston Marathon has distinguished itself as the pinnacle event within the sport of road racing by virtue of its traditions, longevity and method of gaining entry into the race (via qualification).

For more information on the Boston Marathon, click here.

29th Annual Tampa Bay Business Hall of Fame Dinner.

Shea Barclay Group had the privilege and honor of hosting a table at last night's 29th Annual Tampa Bay Business Hall of Fame Dinner.

This year's class of inductees included Harris Mullen, Grandfather of Shea Barclay Group's President Mike Shea. Harris was a long time Tampa resident, founder of Florida Trend Magazine, and a true pioneer of the revitalization of Ybor City. He cared deeply about Tampa and made a huge impact on this great community.

"Harris was an incredible man and I had the privilege of being very close to him well into my adult life. I truly admired him and strive to continue the fine legacy he paved here in Tampa." Says Shea "Of all his accomplishments, he always remained humble and had a great sense of humor.

It so special to me and my family for him to be recognized amongst this great group of people, many of which he knew very well. I know he would be truly honored.

For more about: The 29th annual Tampa Bay Business Hall of Fame, click here.

Amid Hacking Threats, Law Firms Turn to Cyber Insurance

With news of crippling cyberattacks against big companies making regular headlines, more and more law firms are buying cyber insurance to cover the cost of a data breach.

According to insurance brokerage Aon, more than 60 out of the 250 medium and large law firms that it services have purchased cyber insurance within the last two years. Marsh said that close to 40 percent of its roughly 100 large law firm clients have purchased the insurance, up from 20 percent two years ago.

Insurance professionals say the uptick is driven by an increased awareness of the threat of a data breach or hack, as well as a realization that existing law firm insurance policies don’t cover all the costs that could result from such an attack.

“A lot of firms were under the impression that professional liability would pick up almost anything. This is not the case,” said Tom Ricketts, a senior vice president and executive director at Aon. “This has been one of the major debates that we’ve had with law firms over the last two years.” The policies that law firms typically carry, such as lawyers’ professional liability insurance, general liability insurance and property insurance, do not always provide coverage when employee rather than client data is compromised, or when the firm must hire a forensic team to determine what data was lost and how. They also most likely won’t cover the cost of notifying regulators or engaging a public relations firm. Cybersecurity insurance policies are designed to cover those costs. This type of policy has been around since the late 1990s, but previously it was mostly purchased by banks and retail companies.

“For law firms, that awareness of it has hit a tipping point,” said Greg Vernaci, a senior vice president and head of cyber at AIG. “That’s why they’re buying more and more of this.”

Without getting into specifics, Vernaci said the rate at which law firms are buying cyber policies goes up every year. Daniel Garrie, co-head of the cybersecurity practice at Zeichner Ellman & Krause, identified another factor that is pushing firms to buy cyber insurance. “Their clients are compelling the action,” Garrie said. “They’re requiring the law firms to have cyber insurance as a matter of business.”

Insurance professionals said that cyber policies are complicated and vary dramatically as insurers seek to differentiate themselves from their competition. They also change regularly as the threats evolve.

“2016 is the year of ransomware and cyberextortion,” Vernaci said, referring to a hack in which cybercriminals freeze a company’s online systems and demand payment to unfreeze them. In a recent example, the Los Angeles County Department of Health Services lost control of its computers in a ransomware attack, the Los Angeles Times reported. The county did not pay the ransom demanded.

Vernaci said he has seen a large law firm subject to this type of attack recently, though he declined to name the firm. He emphasized that many industries are being targeted, not just law firms or health care providers.

Just as policies vary dramatically, so do their prices, Ricketts said. But he offered what he called “a very, very loose rule of thumb”: A policy should cost $10,000 to $15,000 for each $1 million of limit. In other worlds, a firm can expect to pay between $20,000 and $30,000 per year for a cyber policy that will cover up to $2 million in expenses.

Read full article

How should an attorney should handle a mistake.

Although there are steps that attorneys can take to reduce the likelihood of making an error, mistakes still happen in the course of an attorney-client relationship.

Involve the legal malpractice insurance company.

Many attorneys believe that it is better to wait for the claim (typically defined as a "written demand for money or damages") or a lawsuit before involving their legal malpractice insurer. In reality, the risks of waiting far exceed any perceived advantages.

Yes, most legal malpractice policies are "claims made" or "claims made and reported" policies. This means that the policy covers claims against lawyers that are made (and if required, reported to the insurance company) during the policy period. The important date is when the claim is made. This is the latest time when a claim must be reported to the insurance company.

On the other hand, most policies also permit a potential claim to be reported as soon as the lawyer learns about any basis upon which a claim could be made, including a simple mistake. In legal malpractice nomenclature, such a report is called a "notice of a circumstance." By giving notice of a circumstance, a lawyer assures coverage in the event a subsequent claim results, regardless of when the claim is finally made or the lawsuit is filed.

Also, by giving the notice of circumstance, attorneys can avoid some tricky issues in the renewal process for their malpractice insurance. Many applications ask if any attorney applying for insurance is aware of a circumstance that might give rise to a claim. Attorneys who have not already reported the circumstance then face the obligation to do so in response the question. The failure to report a potential claim in an application for coverage or renewal can put coverage for the entire firm at risk.

Once the malpractice insurer is involved, the better approach is to provide the client with the contact information for the professional liability insurance carrier. Basically, get out of the middle.

Shea Barclay Group Proudly Sponsoring Gasparilla Music Festival March 12-13, 2016

FEEL GOOD MUSIC

Gasparilla Music Festival 2016

Erykah Badu, Stephen "Ragga" Marley, Greensky Bluegrass, Ms Mr, Houndmouth, Charles Bradley and His Extraordinaires, Talib Kweli, Savoy, Antibalas, Carlos Varela, Blitzen Trapper, Kermit Ruffins & The Barbecue Swingers, David Wax Museum, Andrew & Polly, The Whiskey Gentry, Sweet Crude, Gumbi Ortiz & New Groove City!, The New Breed Brass Band, Damon Fowler, Fruition, Gwan Massive, Resinated, DieAlps!, Serotonic, The Woolly Bushmen, Poetry n' Lotion, Ries Brothers, Samuri Shotgun, Jackson Davis & The Jackettes, Gritt, Mr Tommy, Mt Zion Gospel Choir, Lucero, The New Deal

Make plans to attend free kickoff and after parties at the Seminole Hard Rock Hotel & Casino and Channelside Bay Plaza, respectively. Don't forget to tell your friends to grab their advance tickets before they sell out.

Saturday Mar 12, 2016 – Sunday Mar 13, 2016
Doors: 10:00 AM
Show: 11:00 AM
All Ages
$20 - $150

Tickets for the festival are priced as follows:
2 Day General Admission - $60
Saturday General Admission - $40
Sunday General Admission - $30
Sunday Latin Stage ONLY - $20
2 Day VIP - $150
Saturday VIP - $100
Sunday VIP - $75

Michael Shea - Publix Gasparilla Distance Classic

Michael Shea completed the Publix Gasparilla Distance Classic Marathon this weekend. He finished 4th overall out of 344 finishers. While being a bit sore, he competed and completed the 15K, 5K and 1/2 Marathon.

Stats:
15K-58:55- 52nd Overall
5K-19:45-81st Overall
½ Marathon-1:26:56-64th Overall
Michelob Ultra Amber Challenge-4th Overall (3rd Place Male)

To see more about the Publix Gasparilla Distance Classic, click here.

For more details on the Race results, click here.

National Mortgage Servicing Conference & Expo

Shea Barclay will be attending the Mortgage Bankers Association [MBA] meeting and USFN in Orlando on February 16-18th. Both Shea & I will attend the meeting to support our multiple USFN clients and other default law firms present.

For more information: Click Here.

Sandy Garrick - Participating in 5K Run on 1/24/16

Sandy Garrick:
Pet Rescue by Judy – Participating in 5K run on 1/24/16
For more information go to: Pet Rescue By Judy's Facebook Page