By Kevin Marrs
Claims Examiner, Berkley Service Professionals, a Berkley Company
November 5, 2025
Getting served with a subpoena is never on anyone’s wish list. Depending on the individual and their familiarity with the legal system, responses can range from calm compliance to complete panic or ignoring the subpoena entirely.
A subpoena is a court order. It’s how the legal system compels individuals or firms to provide testimony or documents related to a matter in court. And because it’s mandatory, failure to comply can lead to fines, contempt of court charges, or even arrest.
Fortunately, professionals insured with Berkley Service Professionals don’t have to navigate this legal issue alone. Berkley Service Professionals includes subpoena assistance coverage with every professional liability policy. This built-in coverage is designed to help policyholders respond to subpoenas efficiently and correctly without incurring excessive costs or scrambling to find outside counsel.
What is subpoena assistance coverage?
Berkley Service Professionals’ subpoena assistance coverage is a dedicated sublimit that sits on top of the professional liability policy’s regular limits of liability. It is not subject to the insured’s deductible, meaning there’s no out-of-pocket expense to the policyholder for using it.
When a policyholder reports a subpoena, Berkley Service Professionals’ claims team will review it to confirm that it pertains to a matter that would be covered under the Policy if a Claim were to be presented, and, if necessary, Berkley will retain vetted panel counsel — experienced attorneys who specialize in professional liability insurance matters, often with industry-specific expertise — to guide the response. These attorneys work at pre-approved rates, helping policyholders avoid the burden of excessive legal fees.
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