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Policy Exclusions Attorney Malpractice

Rivkin Radler LLP

New York Insurance Coverage Law Update - January 2024

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Second Circuit Holds That Malpractice Insurer Has No Duty to Defend or to Indemnify Lawyer Because Of Business Enterprise Exclusion- Associated Industries Insurance Company sued its insureds, a lawyer, and his former law...more

Carlton Fields

Second Circuit Weighs in on Scope of Business Enterprise Exclusion, Finds It Bars Coverage for Legal Malpractice Suit

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Directors and officers (D&O) and errors and omissions (E&O) policies often contain “capacity” limitations, which restrict coverage to claims against the insured alleging acts undertaken by the insured in his or her insured...more

Carlton Fields

Second Circuit Affirms Ruling That Prior Knowledge Exclusion Barred Coverage for Legal Malpractice Lawsuit

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The Second Circuit Court of Appeals recently affirmed a lower court’s ruling, which declared that North River Insurance Co. had no duty to defend or indemnify its insured in connection with a legal malpractice lawsuit....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

White and Williams LLP

The ALI Restatement – What Lies Ahead?

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The American Law Institute voted on May 22, 2018 to approve the final draft of its “Restatement of the Law of Liability Insurance.” This was the culmination of an eight-year project that evolved through 29 drafts resulting in...more

Pullman & Comley, LLC

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

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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

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