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APPLICATION IS FOR
A "CLAIMS MADE
AND REPORTED"
INSURANCE POLICY.
IF A POLICY IS ISSUED,
THE LIMITS OF LIABILITY
AND DEDUCTIBLE WILL
APPLY TO, AND BE REDUCED
BY, THE PAYMENT OF
CLAIMS EXPENSES AS
WELL AS DAMAGES |
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1. |
Instructions: |
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A. |
All questions must
be answered completely.
Please type or print clearly.
If any questions are
considered
"Not Applicable",
please explain why. |
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B. |
If you need more space,
please continue on a separate
sheet and indicate question
number. |
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C. |
Please complete application
form and supplements where
required. |
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D. |
This application and
all supplement forms must
be signed and dated by a
principal of the firm. |
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E. |
Enclose a sample of
current letterhead with
the application. |
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| 2.
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A. |
Name
of Applicant: |
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Individual
Partnership
Professional Corp.
Other
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B. |
Address:
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City: |
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County: |
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State: |
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Zip: |
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Federal Tax I.D. Number:
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C. |
Telephone:
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Fax: |
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D. |
Branch
Office Address(es): On
a separate addendum, please
also list all lawyers
and staff members (including
a description of the duties
of each staff member)
at each location: |
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E. |
Date
Commenced Business: |
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F. |
Total
Number of Lawyers: |
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Currently:
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End
of Last Calendar Year:
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G. |
Total
Number of: |
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Principals: |
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Employed
Lawyers: |
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Of
Counsel : |
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Paralegals: |
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Other
Staff : |
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Please complete Supplement
1. |
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H. |
List
all predecessor firms
of Applicant: (A "predecessor
firm" is one that
has undergone a dissolution,
if at least two-thirds
of the lawyers in that
firm as of the dissolution
are now with the Applicant
firm.) |
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I. |
Internet
Presence: |
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Applicant's
web site, if any: |
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E-mail
address of Applicant's
primary contact person:
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| 3.
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A. |
Total
Gross Billings/Income
(whether collected or
not, including, without
limitation, an estimate
of all fees, contingent
or otherwise, or any other
income derived) for: |
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Last
Fiscal Year : |
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$
for 12 months ending :
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Current
Fiscal Year: |
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$
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B. |
Indicate Percentage of
"Total Gross Income"
derived from:
(OVERALL TOTAL MUST EQUAL
100%)
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*Note:
If a policy is issued,
Securities, Entertainment,
Patent, and certain other
activities mentioned in
this Application will
not be afforded coverage. |
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C. |
On
a gross billing basis
for the current fiscal
year, indicate the percentage
of revenue derived from
representing |
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1)
Plaintiffs: |
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% |
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2)
Defendants: |
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% |
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3)
Others (including Petitioners
respondents) |
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% |
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Items 1), 2), and 3)
must total 100%. |
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D. |
Does the Applicant or
any of its lawyers currently,
or did the Applicant or
any of its lawyers at
any time in the last ten
(10) years prior to the
signing of the Application,
provide legal services
to any Financial Institution?
Yes
No
If yes, please complete
Supplement 2.
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E. |
Does
the Applicant or any of
its lawyers currently,
or did the Applicant or
any of its lawyers at
any time in the last five
(5) years, provide any
other professional services
apart from legal work?
Yes
No
If yes, please give
details on a separate
addendum. Please include
details of applicable
insurance.
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F. |
Does the Applicant currently
have, or has the Applicant
at any time in the last
five (5) years had, any
one client or group of
related accounts, which
produce more than 10%
of Total Gross Billings?
Yes
No
If yes, please attach
a separate addendum explaining
in detail the name and
business activities of
the client, the service(s)
you provide or provided,
areas of law involved
and your relationship
other than as independent
legal advisor |
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| CONTROLS |
| 4. |
MANAGEMENT |
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A. |
Is
the Applicant managed
by a management committee?
Yes
No |
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B. |
How
many partners or officers
comprise the management
committee?
N/A |
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C. |
Does
the Applicant employ an
administrator?
Yes
No |
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D. |
What
percentage of the administrator's
time is devoted to the
practice of law?
%
N/A |
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E.
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Does
the Applicant use a peer
review system to evaluate
the performance of partners
or officers?
Yes
No
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| 5. |
NEW
BUSINESS |
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A. |
Are
new clients subject to
approval of the Applicant's
management committee or
at least two (2) partners
or officers of the Applicant?
Yes
No
N/A
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B. |
Is information as to all
new clients made available
on at least a weekly basis
to all partners or officers
of the Applicant?
Yes
No
N/A
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C. |
Does
the Applicant maintain
a system to avoid conflicts
of interest?
Yes
No
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D. |
Is
the conflicts system computerized?
Yes
No
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E.
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Is
a lawyer who generates
new business required
to work under supervision
of a partner or officer
having specific expertise
in the matter?
Yes
No
N/A
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OUTSIDE
COMMUNICATIONS |
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A. |
Is
it the Applicant's standard
practice to use engagement
and disengagement letters
when agreeing or declining
to represent a client?
Yes
No
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B. |
Is it the Applicant's
standard practice to outline
in writing the Applicant's
billing policy and procedure
when agreeing to represent
a client?
Yes
No
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C. |
Do
major opinion letters
have to be approved by
at least two partners
or officers of the Applicant?
Yes
No
N/A
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D. |
Do letters to auditors
have to be approved by
at least two partners
or officers of the Applicant?
Yes
No
N/A
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If
the answer to any of these
questions is no, please
give written explanation. |
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DOCKET
AND CALENDAR |
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A. |
Does
the Applicant maintain
a docket control system
and procedure with at
least two (2) independent
date controls?
Yes
No
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B. |
Is the docket control
system and procedure computerized?
Yes
No
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C. |
Does
the docket control system
and procedure produce
a weekly calendar?
Yes
No
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D. |
Does the docket control
system and procedure cover
all aspects of the Applicant's
practice?
Yes
No
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E. |
Does the docket control
system and procedures
require lawyers to both
calendar and remove from
the calendar all filing
dates?
Yes
No
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F. |
Are
open calendar entries
on the planned docket
control system and procedure
circulated to all lawyers
or, if the Applicant is
divided into formal departments,
to all lawyers in the
appropriate department?
Yes
No
N/A
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TRAINING
AND SUPERVISION |
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A. |
Does
the Applicant maintain
a formal training program
for new lawyers as to
office and court procedures?
Yes
No
N/A
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B. |
Are all lawyers (including
any Of Counsel) of the
Applicant firm in compliance
with the continuing education
requirements established
by the State Bar of California?
Yes
No
If no, please explain
the reasons for noncompliance
on a separate addendum.
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C. |
Are
all associates of the
Applicant under the direct
supervision of a partner
or officer?
Yes
No
N/A
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D. |
Are all associates of
the Applicant subject
to periodic, written review?
Yes
No
N/A
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| 9. |
MISCELLANEOUS |
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A. |
Does the
Applicant firm have a
policy forbidding any
of its lawyers (including
any Of Counsel) from participating
as a shareholder, partner,
officer or director in
any client or in any of
the client's related entities?
Yes
No
If no, please give
details on a separate
addendum. |
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B. |
Is any lawyer (including
Of Counsel) of the Applicant
firm currently participating
or has participated in
the past as an officer,
partner, director, or
shareholder in any entity
other than the Applicant?
Yes
No
If yes, give details
on a separate addendum..
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C. |
How
many suits and fee arbitrations
for collection of fees
and/or recovery of costs
have been commenced by
the Applicant during the
past five (5) years?
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D. |
How many suits, counterclaims,
and fee arbitrations have
been commenced against
the
Applicant, contesting
any fees and/or costs
charged by Applicant during
the past
five (5) years?
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E. |
What
percentage of the Applicant's
billings are more than
90 days overdue?
% |
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F. |
Does/Has
any current or past lawyers,
Of Counsels or employees
of the Applicant: |
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(i)
Had his/her legal license
or authority to practice
law revoked?
Yes
No
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(ii)
Have knowledge of any
complaint and/or disciplinary
action regarding Applicant
(including any lawyer
or staff member) reported
to the state or local
bar or ABA?
Yes
No
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(iii)
Been subject to any investigation,
fine, sanction, reprimand,
or criminal penalty related
to performance of professional
services?
Yes
No
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If
yes to any of the above,
give the details on a
separate addendum, including
the date and outcome. |
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G. |
Has
Applicant or any of its
past or present lawyers
moved to withdraw, or
been disengaged at the
request of a client during
the past two (2) years?
Yes
No
If yes, give details
on a separate addendum.
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A. |
Has
the Applicant or any of
its attorneys (including
any Of Counsel) ever had
an application or policy
for professional liability
insurance declined, cancelled
or non-renewed?
Yes
No
If yes, Please provide
details (including date,
carrier and reason(s)
for action) on a separate
addendum. |
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B. |
After
inquiry, have any claims
or suits been made against
any lawyer (including
any Of Counsel) of the
Applicant firm or any
past / present owners,
partners, shareholders,
corporate officers or
employees or its predecessors
in business during the
last five (5) years?
Yes
No
If yes, how many claims
or suits
Please complete enclosed
Supplement 5 for each
claim or suit. |
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C. |
After
inquiry, have any claims
or suits been made by
any lawyer (including
any Of Counsel) of the
Applicant firm or any
of its past or present
owners, partners, shareholders,
corporate officers or
employees or its predecessors
in business during the
last five (5) years (i.e.,
claims or suits made as
a plaintiff and not as
an attorney representing
a client)?
Yes
No
If yes, how many claims
or suits
Please complete enclosed
Supplement 5 for each
claim or suit. ss
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D. |
After
inquiry and based upon
a reasonable belief, is/are
any lawyer (including
any Of Counsel) of the
Applicant firm aware of
any circumstances, allegations,
or contentions as to any
incident which may result
in a claim being made
against the Applicant
or any of its past or
present owners, partners,
shareholders, corporate
officers, of counsels
or employees or its predecessors
in business during the
last five (5) years?
Yes
No
If yes, how many incidents
Please complete enclosed
Supplement 5 for each
incident. |
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Please
give details of previous
Insurance (last five (5)
years) including periods
of coverage (including
predecessor Applicants)
and any extended claims
reporting period ("tail")
coverage. INFORMATION
BELOW MUST INCLUDE POLICY
NUMBER
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Retroactive
Date of current coverage:
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Please
provide a copy of the
Declarations Page of (or
Endorsement to) Applicant's
current policy showing
the retroactive date listed
above. |
| 12. |
Please state coverage
Limits and Deductibles
Requested |
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A. |
Coverage Limits of Liability
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$
Any one Claim and
in the Aggregate, including
Costs and Expenses |
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B. |
Deductible |
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$
Each and every Claim
including Costs and Expenses |
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REPRESENTATION
BY APPLICANT
I/We represent that
the information contained
herein is true as of
the date that the application
is executed and that
it shall be the basis
of the policy of insurance
and deemed incorporated
therein, if the Company
accepts this application
by issuance of a policy.
It is hereby agreed
and understood that
this representation
constitutes a continuing
obligation to report
to the Company as soon
as practicable any material
change in the circumstances
of the Applicant's practice
of law, including but
not limited to: size
of firm, area of practice
engaged in by the firm
and information contained
on each supplemental
application submitted
by the Applicant.
In applying for coverage,
the Applicant agrees
that in the event of
covered losses he will
be required to be defended
by the Company lawyers.
If the Applicant elects
to handle a claim without
in any way involving
the Company, then no
coverage for such claim
is afforded the Applicant
under the policy.
Signing this application
does not bind the Applicant
or the Company to complete
the insurance, but it
is agreed that the statements
and particulars contained
herein will be relied
upon by the Company
should a policy be issued.
This application is
signed on behalf of
all owners, partners,
shareholders, corporate
officers and employees
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Authorized
Signature of Applicant:
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Title
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Date
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APPLICANT'S WARRANTY
OF NO KNOWN AND UNREPORTED
CLAIMS OR INCIDENTS
I, the undersigned,
warrant on behalf of
the Applicant that Applicant
has no knowledge of
any claims, legal or
otherwise, which have
been or may be made,
against any entity or
individual for which
insurance is requested,
which has not been reported
previously to you or
another insurance company.
In addition, after making
reasonable inquiries,
Applicant is not aware
of any act, error or
omission, or allegations
of any act, error or
omission, or any other
circumstances or incidents
which could give rise
to a claim as a result
of the law firm's operations
or any individual's
activities on behalf
of the law firm.
Applicant understands
that the insurance company's
willingness to provide
coverage or reinstate
coverage is based on
this Warranty, which
shall be deemed material.
Applicant also understands
that all such unreported
claims or incidents
which later result in
a claim will not be
covered by the company's
policy, if issued
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Authorized
Signature of Applicant:
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Title
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Date
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PLEASE
MAKE CERTAIN ALL QUESTIONS
ARE ANSWERED AND THAT
ALL APPLICABLE SUPPLEMENTAL
FORMS ARE COMPLETED |
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THIS
APPLICATION WILL NOT BE
PROCESSED UNLESS ALL QUESTIONS
ON THIS APPLICATION AND
APPLICABLE SUPPLEMENTS
ARE ANSWERED. |
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