| Although the best defenses
against professional liability claims might vary by
occupation, there’s one that’s constant
across all professions — being consistent.
One of your best possible claim defenses is to be able
to prove that you and your staff consistently follow
what’s commonly known as the “invariable
practice rule” — having everyone do everything
one way, all the time.
Weakness in this defense occurs
when a firm violates one of the two concepts in this
rule: “invariable” or “everyone.” If
there are six ways of doing things, that’s not “invariable.” And,
if only four of six people are following the guidelines,
that isn’t “everyone.” It
must be noted the principal is often the major violator
of such guidelines, particularly when dealing with
long-time clients and friends.
Check out your procedures
and practices today. Do they meet the “invariable” test?
Once the practice is established as invariable, does
everyone adhere to it (including the top managers)?
If so, come claims time, you’ve added a powerful
defensive shield into your risk management armory.
For other ideas, give us a call.
Professional liability arises out of a failure to render
professional services competently. Common claims allege
negligence, design/programming errors, misrepresentation,
violation of good faith and fair dealing and inaccurate
advice. Professional
Liability Insurance protects your firm from legal disasters.
InsureCast
specializes in E&O, D&O and
other forms of professional liability insurance. |
