Excess Coverage

The PLF offers excess coverage to Oregon law firms on an optional underwritten basis. Limits of coverage are available up to $9.7 million.  The excess coverage plan follows the PLF’s Primary Coverage Plan, with few differences.  The PLF’s Excess Program is 100 percent reinsured with top-rated reinsurers. 

New firm applicants can apply for up to $1.7 million in coverage. After a firm has maintained $1.7 million in coverage for one full calendar year (with the PLF or another carrier), the firm can apply for coverage up to $4.7 million. A firm will need to have excess coverage at the $4.7 million level for two full years (with the PLF or another carrier) before applying for $9.7 million in coverage.

Excess coverage is on a claims-made basis, with defense costs included in the coverage limits. A copy of the 2020 Claims Made Excess Plan is available here.  For detailed information about excess coverage, please visit the FAQ. 
 

Features of Coverage

Drop Down Coverage from PLF Primary Coverage

Compared with PLF primary coverage - which covers individual attorneys - PLF excess coverage is issued to law firms and is designed to stack on top of  PLF primary coverage limits (of $300,000).  Although the  full coverage limit under the PLF Primary Coverage Plan is usually available to each individual attorney on an annual basis, when Claims against an attorney are “related” to Claims against one or more other attorneys, the maximum total amount the PLF will pay for all such Related Claims under the Primary Plan is $300,000, plus any applicable defense allowance(s).    An attorney who has PLF Excess coverage is protected from situations where only one limits applies to multiple claims because it will  “drop down” to provide additional coverage for that claim and attorney (subject to the firm’s excess coverage limits).

Data Breach & Cyber Liability Endorsement

Beginning in 2013, the PLF added a Data Breach and Cyber Liability Endorsement to all excess coverage plans. The endorsement provides coverage for information security and privacy liability, privacy breach response services, regulatory defense and penalties, website media content liability, and crisis management and public relations services. The endorsement covers many claims that would otherwise be excluded under both PLF primary and excess plans.  Learn more about the cyber endorsement.

Tail Coverage

Under the terms of the mandatory PLF primary coverage (the basic $300,000 coverage), extended reporting coverage (ERC or “tail” coverage) is automatically issued at the same coverage level at no additional cost when an attorney ends coverage.  Primary ERC continues indefinitely, and there is no time limit for reporting claims.  PLF excess coverage works differently.  When a firm does not continue purchasing PLF excess coverage, it may be offered the option to buy excess ERC.  Eligibility to purchase an extended reporting endorsement, the amount of the additional assessment for such coverage and the period during which Claims must be First Made under the endorsement are determined by the PLF’s underwriting department.  For more details, please see Section XV of the Claims Made Excess Plan.