Frequently Asked Questions

Question 1

Just what is "Legal Defense" insurance?

Accepted Answer

Legal defense insurance is insurance that pays your attorneys' fees and legal expenses associated with a covered medical malpractice claim. It does not pay any damage awards, nor will it pay any judgments or settlements for which you may be responsible.

Question 2

How does Gulf Atlantic's Legal Defense Policy help me if I get sued?

Accepted Answer

Our Policy pays your attorney's hourly fee to defend your claim and most other expenses related to the claim, such as expert witness fees, court reporter costs, trial exhibits, photocopying charges, mail and other legal expenses incurred in the defense of your claim up to the Limits of Liability.

Our Limits of Liability are $100,000 per claim, subject to a $200,000 annual aggregate. Additional limits are available in increments of $25,000 up to a single claim limit o $200,000 (and an annual aggregate limit of $300,000). We will provide you and your attorney with periodic notices reflecting the amount that has been paid on your behalf and the balance of the remaining policy limits on your claim.

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Question 3

Will the Policy also pay settlements or judgments on my behalf?

Accepted Answer

No. This policy only pays for covered defense costs associated with the defense of your claim. It does not pay any damages awarded against you, nor will it indemnify you for any voluntary settlement or judgment.

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Question 4

Can I choose the attorneys I want to represent me?

Accepted Answer

Yes. You may select any attorney licensed to practice in Florida to represent you. Gulf Atlantic has been involved in providing medical professional liability in Florida for over 30 years and we have developed a state-wide panel of the best medical malpractice defense attorneys in the state. When you select an attorney from our panel, Gulf Atlantic will pay 100% of the defense costs up to your policy limits. If you select an attorney not on our panel list, your payment will be subject to a co-pay and hourly cap.

Question 5

Do I control the litigation of my claim or does Gulf Atlantic?

Accepted Answer

You and you alone make the ultimate decisions about your claim. Only you decide whether or when to settle your claim. You, in consultation with your selected attorney, make the decisions concerning whether and how to defend the claim. Gulf Atlantic's role is simple: we make sure that your attorney's billings are reasonable and customary, and pay the attorney's bills so you don't incur any out-of-pocket expenses.

Question 6

Do I get to choose my own expert(s)? Who pays for them?

Accepted Answer

You, in conjunction with your attorney, select the expert(s). This allows you to choose from the best possible expert(s) to defend your care and treatment. As part of your coverage, Gulf Atlantic pays for your expert(s).

Question 7

What makes the Gulf Atlantic policy different from an annual retainer paid to an attorney?

Accepted Answer

An attorney's annual retainer only covers you for legal services the attorney provides during the contract year. It does not cover expert witness fees, court reporter fees, and other expenses of litigation. If a claim is made against you, you must continue to pay the law firm's retainer year after year until the claim is resolved - even if you've moved on to another company or other insurance. With a Gulf Atlantic policy, your legal expenses associated with a covered claim are paid for the life of the claim (subject to the policy limits). And, as a licensed legal defense insurance company in Florida, Gulf Atlantic sets aside reserves for unearned premiums and unpaid claims. Gulf Atlantic has been defending doctors in Florida for over 30 years; we know the landscape and we're here for the long haul. Peace of mind comes with knowing you have a solid insurance product backed by the leaders of the industry.

Question 8

Can I purchase "Prior Acts" or "Nose Coverage" through Gulf Atlantic?

Accepted Answer

Yes, you can. We offer full prior acts, or "nose coverage," subject to underwriting approval. You can request a retroactive date as far back as necessary.

Question 9

Does the Gulf Atlantic policy cover legal expenses associated with a Department of Health investigation? What about legal expenses associated with Medicare/Medicaid?

Accepted Answer

These coverages are available by endorsement. The premium for each endorsement is $250. Our Department of Health Defense Coverage Endorsement provides up to $15,000 in legal expenses in the defense of a licensure investigation arising out of a covered claim. The Medicare/Medicaid Defense Coverage Endorsement provides up to $15,000 in legal expenses in the defense of a regulatory investigation of Medicare/Medicaid involving usage and/or billing practice.

Question 10

Can I purchase an extended reporting endorsement, or "tail coverage," when I end coverage under my Gulf Atlantic policy?

Accepted Answer

Yes. Gulf Atlantic offers a group discount for groups of three or more physicians. Groups of three or more physicians can also purchase a group policy where the individual physicians within the group share the limits of liability and annual aggregates. Coverage can be customized to the size and specialty of the group. Gulf Atlantic also offers a corporate policy for business entities wishing to have separate limits of liability. Contact us for more information.

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Question 11

Does Gulf Atlantic offer a group and/or corporation policy?

Accepted Answer

Yes. Gulf Atlantic offers a group discount for groups of three or more physicians. Groups of three or more physicians can also purchase a group policy where the individual physicians within the group share the limits of liability and annual aggregates. Coverage can be customized to the size and specialty of the group. Gulf Atlantic also offers a corporate policy for business entities wishing to have separate limits of liability. Contact us for more information.

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Question 12

Are there individual or group discounts available?

Accepted Answer

Yes, subject to underwriting approval. Gulf Atlantic offers individual discounts based on factors such as claims history, practice patterns, specialized training, risk management, etc. Group discounts are available for three or more physicians practicing together (they can be practicing in different specialties).

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