News & Analysis as of

Attorney Malpractice Denial of Insurance Coverage

Bradley Arant Boult Cummings LLP

Relationship Limits: 11th Circuit Reins in Scope of “Relating To” in Insurance Policy Exclusions

Insurers often rely on introductory phrases in exclusions, such as the phrase “relating to,” to expand the scope of exclusions beyond all reasonable bounds. The Eleventh Circuit recently reaffirmed that insurance exclusions —...more

Freeman Mathis & Gary

Are you actually covered? A cyber insurance warning for real estate attorneys

Freeman Mathis & Gary on

For real estate practitioners, this might be the most important client alert you read this year. Imagine this scenario: you are a real estate closing attorney who has received the funds necessary to pay off a seller’s...more

Wiley Rein LLP

Eleventh Circuit Splits Single Lawsuit into Multiple “Claims” When Applying Misappropriation Exclusion and Determining Duty to...

Wiley Rein LLP on

The United States Court of Appeals for the Eleventh Circuit, applying Georgia law, has held that a single lawsuit constitutes multiple “claims” and some of those “claims” fell outside the misappropriation exclusion in a...more

Goldberg Segalla

Report Claims Early & Often

Goldberg Segalla on

Malpractice claims against attorneys, and the severity of those claims, continue to rise. In fact, legal malpractice claims have been trending up for the last 15 years or so. Whether that’s due to economic factors, the sheer...more

Wiley Rein LLP

Allegations Against Multiple Attorneys Deemed Related Acts or Omissions Constituting a Single Claim Subject to a Misappropriation...

Wiley Rein LLP on

The United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, has held that the allegations against two attorneys named in a malpractice lawsuit constituted a single “claim” under a...more

Carlton Fields

Minnesota Appeals Court Limits Coverage in Law Firm Malpractice Dispute Over Policy Clause

Carlton Fields on

In Smith Jadin Johnson PLLC v. Minnesota Lawyers Mutual Insurance Co., the Minnesota Court of Appeals reversed a lower court’s decision that required Minnesota Lawyers Mutual Insurance Co. to defend a legal malpractice claim...more

Rivkin Radler LLP

April 2025 New York Insurance Coverage Law Update

Rivkin Radler LLP on

John H. Fisher and his P.C. represented a client in a medical malpractice action filed on February 15, 2019, alleging that the defendant medical providers failed to provide proper prenatal care to the client, causing the...more

Wiley Rein LLP

No Coverage for Lawsuit Where “Claim” First Made at Time of Pre-Inception Tolling Agreement

Wiley Rein LLP on

In a win for Wiley’s client, a New York intermediate appellate court, applying New York law, has affirmed that no coverage is available for a legal malpractice lawsuit because the “claim” was first made before the policy’s...more

Rivkin Radler LLP

Appellate Division Affirms Summary Judgment Dismissal Of Legal Malpractice Claim

Rivkin Radler LLP on

The Appellate Division, First Department recently affirmed a trial court’s decision granting summary judgment in favor of the defendant law firm, holding that the plaintiff could not prove the proximate cause element of its...more

Wiley Rein LLP

Insurer Estopped from Denying Coverage for Legal Malpractice Action But Not Subsequent Disgorgement Action

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The U.S. District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, has held that an insurer is estopped from denying coverage for a legal malpractice action after defending the action for over a year...more

Farella Braun + Martel LLP

Claims-Made Policy Note: Policy’s Use of Defined Terms May Expand or Limit Coverage Under Related Acts Provision

In an unpublished decision, the Ninth Circuit affirmed the Central District of California’s interpretation of the related acts provision in a professional liability policy, holding that related acts reported in a prior policy...more

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