News & Analysis as of

Malpractice Insurance

American Conference Institute (ACI)

[Virtual Event] 20th Annual Advanced Forum on Obstetric Malpractice Claims - November 18th, 8:45 am - 6:15 pm EST

Virtual Forum on Obstetric Malpractice Claims is taking place on November 18th EST. During this one-of-a-kind event, our unparalleled faculty of claims specialists, risk managers, medical experts – as well as an outstanding...more

Holland & Knight LLP

Washington State-Licensed Lawyers Take Note: Get Insurance or Start Making Disclosures

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Beginning Sept. 1, 2021, all licensed lawyers in the state of Washington, with only limited exceptions, will be required to disclose to clients and obtain informed consent confirmed in writing if they do not have malpractice...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - June 2021

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First Department Finds Exterior Work Over Two Stories Exclusion Did Not Apply To Accident From Work On Lower Floors- Adelphi University hired a general contractor for a construction project to build, from the ground up, a...more

Cozen O'Connor

The Insured Should Have Seen It Coming: Nevada Court Enforces Prior Acts Exclusion

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Liability policies commonly contain exclusions precluding coverage when the insured knew or should have known that wrongful acts occurring prior to a policy’s effective date could later result in a claim. In Alps Property &...more

Hinshaw & Culbertson - Lawyers for the...

Florida Supreme Court Holds Insurer May Pursue Malpractice Claims Against Defense Counsel Retained to Defend Its Insured

Brief Summary - The Supreme Court of Florida held that an insurer has standing, through its contractual subrogation provision, to maintain a malpractice action against defense counsel retained to represent its insured where...more

Wiley Rein LLP

No Coverage for Malpractice Action Alleging Undisclosed “Wrongful Acts” Pre-Dating Policy’s Effective Date

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Applying Nevada law, the United States District Court for the District of Nevada has concluded that a legal malpractice policy did not apply where the insured attorneys sought coverage for alleged Wrongful Acts known to the...more

Holland & Hart LLP

Directed Referrals: New Stark Rules

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Under the federal Stark law, hospitals and other healthcare employers may require that employed or contracted physicians refer items or services to the hospital or another designated provider subject to certain limits. (42...more

Roetzel & Andress

Malpractice Insurance: What Providers Need to Know

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Roetzel health law attorneys and HealthLaw HotSpot co-hosts Ericka Adler and David Hochman are joined this week by Mike Madey, the vice president of business insurance at The Horton Group, in a discussion of malpractice...more

Wiley Rein LLP

No Coverage Under Legal Malpractice Policy for Solo Practitioner’s Family Disputes

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A Pennsylvania federal district court has held that a solo practitioner’s legal malpractice policy did not provide coverage for litigation arising out of several disputes with the attorney’s family because the attorney failed...more

Hinshaw & Culbertson LLP

[Virtual Event] 20th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 2nd - 4th, 10:00 am - 3:00 pm CT

Please join us for the 20th Annual Legal Malpractice & Risk Management (LMRM) Conference—An All New Virtual Experience for three half-days of practical and engaging online programming focused on current and important...more

Dentons

Minimizing the Risk of Legal Malpractice Claims Amid a Pandemic

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As the COVID-19 pandemic continues, law firms are adjusting to changing circumstances and client expectations. However, it remains unknown how the pandemic will impact claims against attorneys going forward. Will there be a...more

Hinshaw & Culbertson - Insights for Insurers

California Orders Premium Refunds on Policies Exposed to Reduced Risk of Loss Due to COVID-19 Pandemic and Calls for Coverage...

We review two significant actions recently taken by the California Department of Insurance (the "Department") in response to the COVID-19 pandemic....more

NAM (National Arbitration and Mediation)

Resolving Medical Malpractice Matters - Positive Outcomes Through Mediation

There are numerous benefits associated with using mediation to resolve medical malpractice disputes. The mediation process affords both parties more control over the process, often reduces the cost of litigation, and can...more

White and Williams LLP

The Complex Insurance Coverage Reporter - 2019 Year in Review

White and Williams LLP on

Welcome to CICR’s annual review of insurance cases. Here, we spotlight five decisions from the last year that you should know about—and five pending cases to watch. As our picks for “Cases to Know” indicate, 2019 was not a...more

Dentons

GME @ Dentons: Hahnemann bankruptcy to leave residents without malpractice insurance

Dentons on

On June 30, 2019, Philadelphia-based Hahnemann University Hospital and St. Christopher’s Hospital for Children filed for bankruptcy protection in the US Bankruptcy Court for the District of Delaware. As part of the bankruptcy...more

Steptoe & Johnson PLLC

PA Supreme Court Rules Section of MCARE Act Unconstitutional

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On October 31, 2019, the Supreme Court of Pennsylvania decided Yanakos v. UPMC, et al. and declared the seven-year statute of repose under the Pennsylvania Medical Care Availability and Reduction of Error (“MCARE”) Act...more

White and Williams LLP

Pennsylvania MCARE’s Statute of Repose Declared Unconstitutional

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In Yanakos v. UPMC, the Pennsylvania Supreme Court, in a 4-3 decision, struck down the seven-year statute of repose in the Medical Care Availability and Reduction of Error (MCARE) Act as unconstitutional. MCARE’s statute of...more

Dentons

Simple Ways to Limit the Risk of Legal Malpractice Claims

Dentons on

As any attorney knows, the practice of law can require the consideration of complex issues and the exercise of judgment under difficult circumstances. Thus, many attorneys are surprised to learn that a significant number of...more

Farrell Fritz, P.C.

Should New York State Require Hospitals To Insure Medical Malpractice Claims?

Farrell Fritz, P.C. on

New York State does not require hospitals to insure medical malpractice claims, either through the purchase of commercial medical malpractice insurance or the establishment of an adequately funded self-insurance program. New...more

Benesch

DSO Monthly Recap - May 2018

Benesch on

Dental Practice News - ADA launches pilot programs to provide bridge to practice ownership - The American Dental Association (ADA) Board of Trustees has approved a pilot program to support relationships between new...more

Dentons

You're Facing a Malpractice Claim; Don't Make a Bad Situation Worse

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Receiving a legal-malpractice claim threatening potential litigation can be scary. While many attorneys take steps to avoid such claims, few have a plan for what to do after they receive one. Reviewing any applicable...more

Cozen O'Connor

Is It Bad Faith to Exercise a Contractual Right?

Cozen O'Connor on

A recent malpractice case highlighted this issue. In Johnson v. Proselect Insurance, the doctor/insured contended that the insurer acted in bad faith by settling a claim after trial without the doctor’s consent. The doctor...more

Dentons

Don’t overlook the legal malpractice insurance application

Dentons on

As part of the process of renewing or replacing legal malpractice insurance, law firms are typically required to complete an application. Law firms that treat the application as a formality and fail to give the application...more

Dentons

Legal Malpractice Claims Level Off as Conflicts and Cyber Claims Rise

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

Dentons

Four Reasons Law Firms Change Insurers

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A law firm may find that renewing its legal malpractice policy with the same insurer year after year is advantageous for a number of reasons. For example, the law firm and insurer may build a strong working relationship, and...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

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JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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