Commercial Law & Contracts, Insurance, Professional Malpractice

Seventh Circuit Decision in Koransky Bouwer Enforces Professional Liability Reporting Requirements

by Abby Sher | Cozen O'Connor on 4/24/2013

Earlier this month, the 7th Circuit affirmed a district court order that held an insurer properly denied coverage to the insured law firm based on its failure to comply with the reporting requirements under its claims-made...more

Is That Covered? How Long Should I Keep an Insurance Policy?

by Michael R. Kelley | McNees Wallace & Nurick LLC on 4/11/2013

Here's an often asked question: "How long should I keep my insurance policies?" Is it three years? Seven Years? The short answer is none of the above. Here are my recommendations...more

Oklahoma Court Holds Failure to Warn Not a Covered Professional Service

by Traub Lieberman Straus & Shrewsberry LLP on 3/7/2013

In its recent decision in Hanover Am. Ins. Co. v. Saul, 2013 U.S. Dist. LEXIS 29739 (W.D. Okl. Mar. 5, 2013), the United States District Court for the Western District of Oklahoma had occasion to consider whether a...more

Is Honesty Always the Best Policy? Illinois Appellate Court Holds Attorney’s Ethical Obligations Trump Professional Liability...

by Deborah Minkoff, Abby Sher | Cozen O'Connor on 2/7/2013

In a case of first impression, the Illinois Appellate Court considered whether a professional liability insurer can deny a defense to its insured, an attorney who admits he erred in providing legal services. Ill. State Bar...more

Rhode Island Supreme Court Invalidates Healthcare Provider’s Right to Self-Insure

by Traub Lieberman Straus & Shrewsberry LLP on 1/21/2013

In its recent decision in Peloquin v. Haven Health Ctr. of Greenville, 2013 R.I. LEXIS 9 (R.I. Jan. 14, 2013), the Supreme Court of Rhode Island had occasion to consider the validity of a self-insured retention in a...more

11th Circuit Addresses Late Notice and Related Claims

by Traub Lieberman Straus & Shrewsberry LLP on 1/7/2013

In its recent decision in Sharp Realty & Mgmt. v. Capitol Specialty Ins. Corp., 2013 U.S. App. LEXIS 243 (11th Cir. Jan. 4, 2013), the United States Court of Appeals for the Eleventh Circuit, applying Alabama law, considered...more

Texas Court Holds Prior Knowledge Exclusion in E&O Policy Inapplicable

by Traub Lieberman Straus & Shrewsberry LLP on 12/20/2012

In its recent decision in OneBeacon Insurance Company v. T. Wade Welch & Associates, et al., 2012 U.S. Dist. LEXIS 178587 (S.D. Tex. Dec. 18, 2012), the United States District Court for the Southern District of Texas had...more

Gross Negligence Coverage in the Province of Quebec: Disagreement within the Court of Appeal

by Heenan Blaikie LLP on 12/14/2012

Earlier this year, the Quebec Court of Appeal rendered two decisions addressing the issue of gross negligence coverage in insurance law. These decisions offer two contradictory conclusions as to the validity of exclusion...more

Brokers – The Marine Peril of Not Knowing the Market

by Nathan Cecil on 11/27/2012

Two recent cases have highlighted the need for brokers to be familiar with the nature of their client’s business and the limits and exclusions of marine insurance products on the market. In both of these cases, the...more

You Don’t Need to be Goliath to Get Sued for Professional Malpractice (infographic)

by Melissa Dewey Brumback on 11/13/2012

Think most business lawsuits effect the “big guys”? Not according to the folks at Bolt Insuarnce. According to them, 57% of lawsuits effect companies making less than $1 million in revenue. Did you know that 1 in 3 small...more

Fifth Circuit Upholds Insurer’s Right to Appoint Defense Counsel in Legal Malpractice Case

by Sedgwick LLP on 11/12/2012

In Coats Rose Yale Ryman & Lee PC v. Navigators Specialty Insurance Co., 2012 WL 4858194 (5th Cir. October 15, 2012), the U.S. Court of Appeals for the Fifth Circuit upheld a lower court’s grant of summary judgment to...more

Fifth Circuit Rejects Insured’s Efforts to Secure Independent Counsel

by Alicia Curran, Gregory Hudson | Cozen O'Connor on 11/6/2012

On October 15, 2012, the U.S. District Court of Appeals for the 5th Circuit – applying Texas law – addressed another Cumis counsel matter. See Coats, Rose, Yale, Ryman & Lee, P.C. v. Navigators Specialty Ins. Co., No....more

Ninth Circuit Holds that Dread of Tax Liability Does Not Trigger Duty to Defend

by Sedgwick LLP on 10/23/2012

In Conley v. First Nat’l Ins. Co. of Am., 2012 U.S. App. LEXIS 20281 (9th Cir., Sept. 27, 2012), the U.S. Court of Appeals for the Ninth Circuit considered whether a lawsuit alleging “anxiety” qualified as “bodily injury” for...more

Loss, Liability and Warranty Surveys

by Nathan Cecil on 10/22/2012

In this recent Federal Court case, the Court had to decide on the extent of warranties and assurance provided by marine surveyors in providing a survey report for insurance purposes. Essentially, the question for...more

New Hampshire Supreme Court Overturns Rescission of Insurance Policy

by Traub Lieberman Straus & Shrewsberry LLP on 10/2/2012

In its recent decision in Great American Insurance Co. v. Christy, 2012 N.H. LEXIS 126 (N.H. Sept. 28, 2012), the Supreme Court of New Hampshire had occasion to consider whether an “innocent insured” provision in a legal...more

Ninth Circuit Affirms Rescission of Professional Liability Policy

by Traub Lieberman Straus & Shrewsberry LLP on 9/25/2012

In its recent decision in Tudor Ins. Co. v. Hellickson Real Estate, 2012 U.S. App. LEXIS 19904 (9th Cir. Sept. 21, 2012), the United States Court of Appeals for the Ninth Circuit, applying Washington law, examined whether an...more

Pennsylvania Court Addresses Application of Retroactive Date

by Traub Lieberman Straus & Shrewsberry LLP on 7/6/2012

In its recent decision in A.P. Pino & Associates, Inc. v. Utica Mutual Ins. Co., 2012 U.S. Dist. LEXIS 92472 (E.D.Pa. July 3, 2012), the United States District Court for the Eastern District of Pennsylvania had occasion to...more

New York Court Addresses Business Enterprise Exclusions

by Traub Lieberman Straus & Shrewsberry LLP on 6/29/2012

In its recent decision in Admiral Ins. Co. v. Adges, 2012 U.S. Dist. LEXIS 89355 (S.D.N.Y. June 27, 2012), the United States District for the Southern District of New York had occasion to consider whether a business...more

6th Circuit Addresses Prior Knowledge Defense Under Legal Malpractice Policy

by Traub Lieberman Straus & Shrewsberry LLP on 6/19/2012

In its recent decision in Schwartz Manes Ruby & Slovin, L.P.A. v. Monitor Liability Managers, LLC, 2012 U.S. App. LEXIS 12236 (6th Cir. June 15, 2012), the United States Court of Appeals for the Sixth Circuit, applying Ohio...more

Pacific Rim v. Aon: Insurance Broker Has No Duty to Inform Subcontractor of Developer’s Insurnace Company’s Insolvency

by Sedgwick LLP on 4/21/2012

The California Court of Appeal recently handed down a significant published decision pertaining to the duty of an insurance broker who procures a policy for the the developer of a construction project. The Fourth Appellate...more

Texas Court Considers Prior Acts Condition in Professional Liability Policy

by Traub Lieberman Straus & Shrewsberry LLP on 2/10/2012

In its recent decision in Darwin Select Ins. Co. v. Laminack, 2012 U.S. Dist. LEXIS 15712 (S.D. Tex. Feb. 8, 2012), the United States District Court for the Southern District of Texas had occasion to consider the scope of...more

New York Court Addresses Impact of Allowing Insured to Default

by Traub Lieberman Straus & Shrewsberry LLP on 1/13/2012

The recent decision by New York’s Appellate Division, First Department, in K2 Investment Group, LLC v. American Guarantee & Liability Ins. Co., 2012 N.Y. App. Div. LEXIS 16 (Jan. 3, 2012) illustrates the dangers under New...more

Aansprakelijkheden bij calamiteiten

by Marco Swart on 7/12/2011

Mijn powerpoint presentatie over aansprakelijkheden bij calamiteiten. Hierin behandel ik de juridische afwikkeling van enkele geruchtmakende rampen en de lessen die hieruit zijn te leren. Hierin komt naar voren welke...more

Judge to 'Ponzi Disciples' – Don't Look to Insurers

by Sedgwick LLP on 7/1/2011

U.S. District Court for the District of South Carolina A South Carolina federal judge granted summary judgment in favor of Continental Casualty Company (CNA) in a declaratory action brought by CNA against its insureds...more

Professional Negligence for Realtors - A Rising Tide?

by Franco Tarulli on 5/6/2011

With the recent decision of the Ontario Court of Appeal in Krawchuk v. Scherbak, it is becoming clear that the Courts are holding real estate professionals to a higher standard, given the reliance their clients place on their...more

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Commercial Law & Contracts › Insurance › Professional Malpractice