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Insurance Professional Malpractice

Read Insurance Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

FREEP exposes more auto accident attorney kickbacks, No-Fault fraud

by Michigan Auto Law on

Will newest allegations finally get Michigan Attorney Grievance Commission to look into auto accident attorney fraud, kickbacks and illegal solicitation of auto accident victims in Detroit?...more

Legal Malpractice Claims Level Off as Conflicts and Cyber Claims Rise

by Dentons on

Statistics regarding the type, frequency and severity of legal malpractice claims submitted to insurers during 2016 were released at the end of June. From the law firm and attorney perspective, the news is generally good in...more

Florida Court Holds Prior Knowledge Exclusion Precludes Coverage for Malpractice Suit

In its recent decision in Farbstein v. Westport Ins. Corp., 2017 U.S. Dist. LEXIS 125990 (S.D. Fla. Aug. 9, 2017), the United States District Court for the District of Florida had occasion to consider the application of a...more

Health Alert (Australia) 14 August 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 10 August 2017 - Inquest into the Death of Stephen Herczeg 57/2016 (1808/2016) - The said Court finds that Stephen Herczeg aged 72...more

Illinois Court Holds That Reinsurers And Insurer Need To File Complaint In Legal Malpractice Lawsuit In Their Own Names Pursuant...

by Carlton Fields on

In this case, an Illinois appellate court held that Section 2-403 of the Illinois Code of Civil Procedure, 735 ILCS 5/2-403, required the reinsurers and insurer of Developers Surety and Indemnity Co. (“DSI”) a surety, to file...more

A New Hurdle for Medical Malpractice Claimants: Legislation Establishing Medical Review Panels Takes Effect in Kentucky

by Reminger Co., LPA on

In a step toward tort reform, on June 29, 2017, Senate Bill 4 was signed into law and went into effect in Kentucky as KRS 216C.005 et seq., establishing a requirement that all potential medical malpractice lawsuits first be...more

Trump Administration FY 2018 Budget and Healthcare Programs

by Holland & Knight LLP on

The Trump Administration released on May 23, 2017, its full Fiscal Year (FY) 2018 budget request, titled "A New Foundation for American Greatness." President Donald Trump's request builds off of the administration's March 16...more

Trial Court Committed Error in Excluding Evidence of Future Affordable Care Act Benefits in Medical Malpractice Case

by Low, Ball & Lynch on

Cuevas v. Contra Costa County - First Appellate District, Division One (April 27, 2017) - In an ordinary personal injury lawsuit, a defendant may not introduce evidence of amounts the plaintiff received from insurance...more

The importance of aggregation clauses in professional clauses in professional indemnity insurance policies

by Dechert LLP on

UK Supreme Court clarifies effect of aggregation wording: AIG Europe Limited v Woodman - In a long awaited judgment, which will affect all organisations with professional indemnity insurance, the Supreme Court has...more

AIG Europe Limited v Woodman and others

by DLA Piper on

On 22 March 2017, the Supreme Court handed down judgment in the case of AIG Europe Limited v Woodman and others, in which they considered the meaning of the words 'a series of related matters or transactions' within an...more

Indiana Medical Malpractice Plaintiffs May Present New Theories of Liability at Trial That Were Not Argued to the Medical Review...

by Reminger Co., LPA on

In two decisions issued by the Indiana Court of Appeals on February 22, 2017, the Court held that a medical malpractice plaintiff may raise a new theory of liability in state court that was not previously argued to a medical...more

Texas Supreme Court Addresses The Causation Requirement For A Breach Of Fiduciary Duty Claim And Conspiracy, Aiding And Abetting...

by Winstead PC on

In First United Pentecostal Church of Beaumont v. Parker, a church hired an attorney to defend it against sexual abuse allegations. 2017 Tex. LEXIS 295 (Tex. March 17, 2017). During the same time, the church also engaged the...more

Summary of California Appellate Decisions - February 2016

INSURANCE; BAD FAITH; GENUINE DISPUTE DOCTRINE - Paslay v. State Farm General Insurance Co. (2016) 248 Cal.App.4th 639 203 Cal.Rptr.3d 785 - FACTS: State Farm issued a homeowners policy to Paslay, the...more

Legal Malpractice Insurer Has No Duty to Defend Contempt Proceeding

In its recent decision in Jones, Foster, Johnston & Stubbs, P.A. v. Prosight-Syndicate 1110 at Lloyd’s, 2017 U.S. App. LEXIS 2550 (11th Cir. Feb. 14, 2017), the United States Court of Appeals for the Eleventh Circuit,...more

Is there operating room for compulsory PI insurance

by Hogan Lovells on

Since its inception on 30 August 2010, the regulations requiring health professionals to have professional indemnity insurance have lain dormant in a state of moratorium, almost as a distant memory some do not wish to recall....more

Washington Supreme Court Expands Physicians’ Duty to Third Parties

by Cozen O'Connor on

Most states have laws either requiring or permitting mental health professionals to disclose information about patients who may become violent. These voluntary or mandatory reporting laws require a balancing of the...more

Replacing The Affordable Care Act: A Reality Infusion

by Dentons on

During the course of his campaign, President-elect Donald Trump repeatedly promised to repeal and replace President Obama's signature legislation, the Affordable Care Act (ACA). Certainly the Republican Party's continuing...more

Fifth Circuit affirms $34 million verdict against legal malpractice carrier — exclusion, read literally, “renders the coverage...

by Butler Snow LLP on

Readers of Law360 may recall a 2014 story about a Texas jury that rendered a $34 million dollar verdict against OneBeacon Insurance Company. According to Law360, the Jury found that OneBeacon “knowingly failed to attempt, in...more

Mandatory PI insurance for lawyers - minimum requirements approved

by DLA Piper on

By decree no. 22 September 2016, published in the official gazette on 11 October 2016, the minimum requirements of the mandatory PI insurance for lawyers have been approved. The main minimum requirements are summarized below....more

A Fool For a Client?

by Hinshaw & Culbertson LLP on

If you think you can fix that mistake, think again. As lawyers, taking matters into our own hands is dangerous and ill-advised. We are all familiar with Abe Lincoln's maxim: “The lawyer who represents himself has a fool...more

What Are Insurers Using for Excuses Not to Pay Claims?

by Nossaman LLP on

We have seen a recent rash of cases where defending insurers are stretching to new lengths to force their insureds to contribute substantially more that the deductible bargained for in the policy, often grasping at the straw...more

Health Alert (Australia) June 27, 2016

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Victoria 21 June 2016 - Inquest into the death of Summer Emerald Rose Jamsek Summer Jamsek was born at...more

JSH Reporter - Summer 2016

We are excited to announce the launch of our Summer 2016 JSH Reporter! The JSH Reporter is designed to provide information about changes in the law and how these affect a variety of industries. In this issue, you will...more

Alert: Law Firms May Have Duty To Warn Clients of Possible Insurance Coverage

by Pullman & Comley, LLC on

A recent decision by a New York State Appellate Court has again reminded law firm risk managers of a possible law firm obligation to clients, especially those recently served with a lawsuit. The Court held that defense...more

Health Alert (Australia) - May 16, 2016

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Victoria 10 May 2016 - Allie v Allied Medical Group Pty Ltd (Human Rights) [2016] VCAT 728 Mr Allie...more

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