State-by-state requirement for attorneys in private practice, as of late-2019 and early 2020. A state’s requirements can change at any time. Consult the state bar association’s website for the latest info.
Required to Carry Malpractice Insurance
Idaho – limits of $100,000 per occurrence/$300,000 annual aggregate.
Oregon – limit of $300,000, which must be purchased from state’s Professional Liability Fund.
Required to Carry Malpractice Insurance – Certain Entities Only
New Jersey – firms organized as an, LLC, LLP, or PC, must carry policy limits of at least $100,000 per claim, times the number of attorneys in the firm, and provide proof of coverage, via a certificate of insurance filed electronically with the NJ Supreme Court. See notice: NJ Supreme Court Legal Mal. Ins. Notice 02-07-23
Rhode Island – firms organized as a corporation, LLP, or LLC.
Texas – LLPs are required to have $100,00 per claim limit, or set aside that amount to satisfy judgements.
West Virginia – PLLCs are required to carry $1,000,000 limits. Disclosed on state bar website for each attorney.
Not Required to Carry Malpractice Insurance, But Must Disclose To Clients Whether or Not They Do
Alaska – attorneys must inform clients, if they’re uninsured, or their policy limits are less than $100,000/$300,000.
California – attorneys who don’t carry coverage must disclose that to clients.
New Hampshire – attorneys must inform clients, if they’re uninsured or their limits are less than $100,000/$300.000, and if they’re insured, but their coverage is either terminated or their policy limits drop below $100,000/$300,000.
New Mexico – attorneys must inform clients, if they’re uninsured or their limits are less than $100,000/$300.000.
Ohio – attorneys must inform clients, if they’re uninsured or their limits are less than $100,000/$300.000.
Pennsylvania – attorneys must inform clients, if they’re uninsured or their limits are less than $100,000/$300.000. State bar website discloses whether or not an attorney is covered.
South Dakota – attorneys must inform clients on their letterhead, if they’re uninsured or their per claim limit is less than $100,000.
Not Required to Carry Malpractice Insurance, Info. Available to Public on State Bar Website
Arizona
Colorado
Florida
Minnesota
Nevada
Washington
Not Required to Have Coverage, But Must Certify Whether or Not They Do on Annual Bar Reg. Statement
Delaware
Florida
Hawaii
Kansas
Maine
Nebraska
Virginia
Not Required to Carry, But Other Condition(s) apply
Illinois: attorneys who aren’t insured, must complete a four-hour interactive, online assessment of their firm’s operations.
Not Required To Carry, Report, or Certify Whether or Not They Carry Insurance
Alabama
Alaska
Arkansas
Connecticut
DC
Georgia
Indiana
Iowa
Kentucky
Louisiana
Massachusetts
Maryland
Michigan
Missouri
Mississippi
Montana (Lawyer Referral Service attorneys agree to carry coverage)
New York
North Carolina
North Dakota
Oklahoma
South Carolina
Tennessee
Utah
Vermont
Wisconsin
Wyoming
Other
Some county courts require lawyers to have malpractice insurance, if they want to be court-appointed to handle certain matters.
Many local bar association attorney referral services, require lawyers to have malpractice insurance.
Some clients also require proof of malpractice insurance, such as mortgage companies that approve lawyers to handle real their estate closings.
FURTHER READING
2019 ABA Model Rule On Malpractice Insurance Disclosure