When Should I report a Potential Incident or Claim?

Subject to specific policy wording, if during the Policy Period, you become aware of an incident that may reasonably be expected to give rise to a claim you should report it as early as possible, and in all cases, no later than the expiration of your current policy period.

I’ve received a Subpoena for client documents, or to testimony regarding a client, should I report this?

If you have reason to believe that the events surrounding the subpoena could potentially lead to a claim (see above) it should be reported as a potential claim. In addition, some policies provide supplementary subpoena coverage to provide coverage for the expense in responding to a subpoena. In this case, the reporting process is similar to a claim to activate this coverage. For more information on responding to subpoenas, download McGowanPRO’s White Paper.

How do I report a Claim, Potential Incident, or Subpoena?

See our Information about Claims Reporting page for details on reporting a claim and the necessary claim notification forms.

What happens after I report a claim

Once you provide the claim notification form to McGowanPRO, we will formally notify the carrier. A claims representative from the carrier will respond to you directly with acknowledgement of the claim. It is common for a carrier to issue a “Reservations of Rights” letter. This is simply a letter that acknowledges receipt of the claim, but reservees their right to confirm, or deny, coverage under your policy until they obtain additional details.

Who will handle the claim?

The carrier will assign a claims adjuster within their office who is responsible for managing the claim. They will work directly with you to respond to the claimant, as well as, the necessary legal counsel.

Do I need to hire my own attorney?

Generally no. If necessary, the carrier will retain legal counsel on your behalf to respond and defend the claim.

What if I want to use my own attorney?

Insurance companies maintain relationships with “panel counsel” whom they use to respond and defend claims. These law firms have specific experience in the nature of the claim, and work under a pre-agreed billing schedule. Some carriers will consider your request for legal counsel, and others will not. If you would like to use your attorney consider they should have experience specific to the claim and be willing to work within the carriers billing schedule.

Is it ok for me to respond directly to the claimant?

Prior to responding to a claimants allegations you should be aware of your specific policy conditions and consult legal counsel. For more information on this subject read this article.