Insurance Terms & Conditions
Effective February 17, 2016
The following is a summary of the key features and requirements of the Insurance Program. This summary is provided solely for the sake of convenience; and is qualified in its entirety by reference to the specific terms and conditions of the Policy and the rules of The National List, Inc., as in effect from time to time.
Please note that The National List, Inc. does not itself insure any forwarded claim, or otherwise provide any surety for any listed firm. The Policy is provided by a commercial insurer, and The National List, Inc.'s obligations under this program are solely to forward any claim and its supporting documents to the insurer. The National List, Inc. expressly disclaims any other obligation or liability of any kind. Accordingly, to the extent the insurer denies coverage of a claim, or coverage is otherwise unavailable, a forwarder will not be entitled to look to The National List, Inc. for payment.
This program indemnifies those who forward cases through The National List, Inc. to National List attorney members against loss due to fraudulent or dishonest acts by lawyers and not against negligence or any other delinquent misconduct, error of judgment, or breach of contract whatsoever on the part of the attorneys. This insurance program is in the form of a $2,000,000.00 fidelity insurance policy, and the liability of the law list is limited to claims with respect to which The Great American Insurance Company accepts liability.
Some specifics of this program are as follows:
- The insurance program includes coverage against acts of larceny or embezzlement. This is not a malpractice insurance program.
- The policy covers dishonest acts by listed attorneys. The policy does not cover individual employees of listed firm.
- The Program insures properly registered/placed claims for three (3) years from the date of placement, if the attorney remains an active National List member for the entire period. Proper notification must be sent to The National List within 35 days from the date each referral was made to The National List member. In addition, the member attorney must be notified on each referral that his/her name was selected from The National List. In the event that the attorney/law firm ceases to be a National List member, The National List will continue to insure properly registered/placed claims for a maximum period of one (1) year (365 days) from the effective date when the membership ceased, or until the original “three-years-from-date-of-placement” period has expired, whichever comes first. Proper notification must be sent to The National List within 35 days from the date each referral was made to The National List member. In addition, the member attorney must be notified on each referral that his/her name was selected from The National List.
- This program covers members and claims in all 50 states and Canada, but does not provide coverage on foreign attorneys including Puerto Rico, Guam, and the Virgin Islands.
- Neither the publisher nor the surety shall be liable for any loss through any attorney or firm of attorneys whose names were not listed in that publication and/or website at the time of employment. It is incumbent upon the forwarder to consult The National List website, www.nationallist.com, for current information.
- Under the terms of this Insurance Program, the loss shall be calculated as the net sum the forwarder would have received had the remittance been made in due course by the attorney or firm of attorneys after deduction of costs, expenses, fees, and commissions due to the attorney(s). Recovery under this Insurance Program will be 90% of the net loss after a deductible of $250 per legal case covered by the forwarder or creditor.
- Suit fees and advanced court costs are covered if it is proven that suit has not been filed. Suit fees and advanced court costs are not covered if it is proven that suit has been filed.
- The publisher and the surety assume no liability for dispute in fee deductions in connection with suit and/or legal fees unless the amount has been specified in advance and agreed to by the forwarder and the receiving attorney in writing.
- The forwarder, on becoming aware of any act or acts which may be the basis of a claim under the insurance program shall notify the law list immediately. The forwarder will then have 90 days within which to furnish back-up documentation and a total loss figure to the law list.
- If there is a discrepancy on a remittance by a listed attorney, it is incumbent upon the forwarder to submit to the law list for adjustment the attorney's check and any other pertinent information to the case. Under no circumstances, should the original check be returned to the attorney for adjustment.
- No forwarder shall seek insurance coverage with more than one law list on a single item placed with a receiver, nor shall the forwarder indicate insurance coverage with more than one list to the receiver on a single case. Violation of this rule will nullify coverage under this Insurance Program.
The National List of Attorneys will continue to offer claims protection to its forwarders through its Insurance Program, until such time as its commercial insurer institutes changes in its coverage. In the event of such changes, The National List, Inc. reserves the right to change, modify or terminate the Insurance Program at any time, with or without notice.