Claim vs. Potential Claim: When Should Attorneys Report to Their Malpractice Carrier?

One of the most common questions I get from attorneys is this:

“What’s the difference between a claim and a potential claim—and when do I actually need to report it?”

It’s a great question, and the answer can have a major impact on whether your malpractice coverage protects you when you need it most.

What Is a “Claim”?

A claim is typically straightforward. It involves a clear allegation of wrongdoing or a demand for money. This could be a lawsuit, a formal demand letter, or any situation where a client (or former client) is asserting that an error caused them harm.

At that point, most attorneys know they need to notify their insurance carrier.

What Is a “Potential Claim”?

A potential claim is less obvious—but just as important.

This is when you become aware of a situation that could lead to a claim, even if no one has formally complained yet. Common examples include:

  • Missing a filing deadline
  • Discovering a mistake in a document or case strategy
  • Receiving communication from a client that suggests dissatisfaction (including online reviews)
  • Realizing something may not have been handled correctly

In these situations, nothing has escalated yet—but there’s a reasonable chance it could.

Why Timing Matters When It Comes To Legal Malpractice Claims

Most legal malpractice policies are claims-made policies, which means coverage is triggered based on when a claim is reported—not just when the incident occurred.

That’s why the distinction between a claim and a potential claim is so important.

Reporting early isn’t just a requirement of the policy—it can also work in your favor. 

Getting your carrier involved sooner can help reduce defense costs, improve the chances of resolving the issue efficiently, and give you more options if the situation develops into a formal claim.

In fact, many malpractice claims don’t begin with a lawsuit—they start as smaller issues that weren’t addressed early.

The Risk of Waiting To Report A Claim

It’s not uncommon for attorneys to hesitate before reporting a potential issue. There’s often concern about how it might impact premiums or whether it’s “too early” to involve the carrier.

But waiting can create serious problems.

If you’re aware of a potential issue and choose not to report it—and that issue later turns into a claim—there’s a risk your carrier may deny coverage altogether.

A Simple Rule to Follow

If there’s any doubt, it’s usually better to have the conversation early.

You don’t need to have all the answers, and reporting something doesn’t mean it will automatically turn into a claim. It simply puts you in a better position if it does.

If you’re unsure about your current policy or what should be reported, it’s worth taking a few minutes to review your coverage and get clarity before an issue arises.

If you have questions about your current coverage or want a second opinion, feel free to reach out 412.563.2106

Lawyers: You May Not Have the Cyber Coverage You Think You Do

When I review insurance policies for law firms, there’s one issue I see come up again and again…cyber liability.

And more often than not, the conversation starts the same way:

“We already have cyber coverage.”

That may be true. But the real question is… what does that coverage actually include?

Because in many cases, when we take a closer look, there are some significant gaps.

The Problem Isn’t Whether You Have Coverage—It’s What It Covers

I recently reviewed a policy for a small law firm. Smart attorneys, well-run practice, and they were confident they had everything in place from an insurance standpoint.

On the surface, it looked like they had cyber coverage.

But once we dug into the details, the picture changed.

There was no coverage for social engineering fraud.
Wire transfer fraud protection was missing.
Business interruption coverage was minimal.
And the deductible was set so high that it would take a major incident before the policy even became useful.

This isn’t unusual. Many cyber policies are written in a way that appears comprehensive, but when you read the fine print, certain types of claims are carved out, capped, or excluded altogether.

Why Law Firms Are a Target

Law firms are in a unique position when it comes to cyber risk.

You’re handling sensitive client information.
You’re moving money.
You’re constantly communicating via email.

That combination makes law firms an attractive target for cybercriminals.

And unlike large financial institutions, most firms don’t have the same level of cybersecurity infrastructure or internal controls in place. That doesn’t mean firms are careless—it just means they’re often easier to exploit.

All it takes is one convincing email.
One request that looks legitimate.
One click.

From there, a situation can escalate quickly—sometimes into a six- or even seven-figure loss.

Where Cyber Policies Often Fall Short

This is where things get tricky.

A policy might say “cyber coverage,” but that doesn’t always mean you’re protected in the ways you expect.

Some of the most common gaps I see include:

  • Social engineering fraud – when someone impersonates a trusted party to trick you into sending money
  • Funds transfer fraud – unauthorized movement of money through your systems
  • Ransomware payments – coverage limits or conditions that don’t fully address real-world scenarios
  • Business interruption – limited protection for lost income if your systems are down

In many cases, these areas are either excluded entirely or subject to strict sublimits that may not go very far in an actual event.

A Better Question to Ask

If you’re a law firm owner, I’d encourage you to shift the way you think about cyber insurance.

Instead of asking:

“Do we have cyber coverage?”

Ask:

“What exactly is covered, where are the gaps and can we afford that risk?”

That’s where the real value is.

Because with cyber liability, what you don’t know can end up being the most expensive part.

Final Thought From Don I, Your Insurance Guy

Cyber risk isn’t going away. If anything, it’s becoming more sophisticated and more targeted.

The goal isn’t to overcomplicate things or create unnecessary concern—it’s simply to make sure you understand what you have in place before you need it.

If you’re unsure, it’s worth taking a closer look.

Sometimes a quick review can uncover small adjustments that make a big difference.

About the Author

Don I helps law firms and small businesses understand their insurance coverage so there are no surprises when it matters most. If you’d like a second set of eyes on your policy, he’s always happy to provide straightforward, no-pressure feedback.