The Forwarders List of Attorneys
Fidelity Insurance Program
As posted on our Web site February 14, 2012
The following is a summary of the key features and requirements of THE FORWARDERS LIST OF ATTORNEYS Insurance Program. This summary is provided solely for your convenience and is qualified in its entirety by reference to the specific terms and conditions of the Policy and the rules of The Forwarders List of Attorneys (“Forwarders List”) as in effect from time to time.
Please note that Forwarders List does not itself insure any forwarded claim or otherwise provide any surety for any listed firm. The Policy is provided by a commercial insurer. Subject to the terms and conditions of coverage set forth in the Policy, this program indemnifies those who forward cases through Forwarders List only against loss due to theft by attorneys listed with Forwarders List, 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 $1,000,000.00 insurance policy and the liability of Forwarders List, its subsidiaries, and affiliates is limited to claims with respect to which the insurer accepts liability.
Forwarders List is obligated under this program to notify and provide supporting documents to the insurer of any claim of loss made by a forwarder against a listed law firm. Forwarders List 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 payment from Forwarders List.
Some specifics of this program are as follows:
- The insurance program includes coverage against acts of “Theft” as defined in the Policy. The Policy covers theft by listed attorneys. The policy does not cover individual employees of listed firms. This is not malpractice insurance.
- It covers properly registered cases for 36 months from the date of placement, except that in the event the listing of an attorney/law firm is terminated for any reason, the coverage period will not exceed 12 months from the date of termination. Proper registration requires each forwarder to send notification to Forwarders List within 35 days from the date the referral was made to a law firm listed with Forwarders List (“Listee”). The notification must identify the Listee and such additional information as Forwarders List may require. Additionally, the Listee must be notified on each referral that his/her name was selected from Forwarders List directory. Compliance with this rule is a condition precedent to coverage under the Policy.
- This program covers Listees and claims placed in all 50 states in the United States of America and Canada, but does not provide coverage on foreign attorneys including Puerto Rico, Guam, and the Virgin Islands.
- Neither Forwarders List nor the insurer shall be liable for any loss through any attorney whose names were not listed in the Forwarders List publication or website at the time the claim was placed with said attorney by the forwarder. It is incumbent upon the forwarder to consult Forwarders List’s current directory, its supplements, and Forwarders List’s website (www.forwarderslist.com) for current information.
- Subject to the terms of the Policy, 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 the Policy will be 90% of the net loss after a deductible of $250.00 per claim per case forwarded.
- 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. Such coverage is subject to the $250.00 deductible and 90% coverage as set forth in the Policy.
- Forwarders List and the insurer assume no liability for dispute in fee deductions in connection with suit and/or legal fees.
- The forwarder, on becoming aware of any act or acts which may be the basis of a claim under the insurance program, shall notify Forwarders List immediately. The forwarder must thereafter furnish supporting documentation and a total loss figure to Forwarders List within 90 days.
- The Policy does not cover expenses incurred in establishing the existence and amount of loss due to “Theft”.
- If there is a discrepancy on a remittance from a Listee, it is incumbent upon the forwarder to submit to Forwarders List the Listee’s check and any other pertinent information about the case. Under no circumstances should the original check be returned to the Listee for adjustment. Violation of this rule will nullify coverage under this Insurance Program.
- No forwarder shall seek insurance coverage from more than one law list on a single item placed with a law firm/attorney, nor shall the forwarder indicate insurance coverage with more than one list to the law firm/attorney on a single case. Violation of this rule will nullify coverage under this Insurance Program.
Forwarders List expects to continue offering the protections of its Insurance Program to its forwarders. However, because of changes in coverage instituted from time to time by the Insurance Program underwriters, Forwarders List reserves the right to change, modify or terminate the Insurance Program at any time, with or without notice.