News & Analysis as of

Professional Liability

Freeman Mathis & Gary

Gidor v. Magnus: Pennsylvania Supreme Court clarifies statute of repose for home inspections

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In Gidor v. Magnus, the Pennsylvania Supreme Court addressed whether 68 Pa. C.S. § 7512 (“Section 7512”) of the Pennsylvania Home Inspection Law constitutes a statute of repose or a statute of limitations. The Court held that...more

Freiberger Haber LLP

Breach of Fiduciary Duty: Issues of Fact and The Continuous Wrong Doctrine

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In today’s article, we examine Hofman v. Braun, 2025 N.Y. Slip Op. 34102(U) (Sup. Ct., N.Y. County Oct. 24, 2025) (here), a case addressing the statute of limitations for a breach of fiduciary duty claim and the continuous...more

Offit Kurman

Pennsylvania Supreme Court Decision Supports Legislative Finality Created by Statute of Repose

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In a welcome development for Pennsylvania’s construction industry, the Pennsylvania Supreme Court’s recent decision in Gidor v. Mangus reinforces the integrity of legislatively adopted Statutes of Repose. On October 23, 2025,...more

Goldberg Segalla

No Privity, No Claim?

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The defense of legal malpractice claims often hinges on a deceptively simple question: did the attorney breach their duty owed to their client?...more

Wiley Rein LLP

Interrelated Claims Provision Bars Coverage for Client’s Claim Tied to Broker’s Pre-Hire Conduct

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The U.S. District Court for the Eastern District of New York, applying California law, held that an insured financial services company was not entitled to coverage under its professional liability policy for a client’s claim...more

Freeman Mathis & Gary

FMG Professional Liability Quarterly Report: Q3 - 2025

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THE BIG BEAUTIFUL BILL – HOW DOES IT AFFECT TAX TREATMENT FOR PROFESSIONAL SERVICES FIRMS? The One Big Beautiful Bill Act was signed into law on July 4, 2025 following weeks of contentious debate. If your professional...more

Wiley Rein LLP

Known Risk, No Coverage: Prior Knowledge Exclusion Applies Based on Probate Allegations

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The United States District Court for the District of New Jersey, applying New Jersey law, has held that a prior knowledge exclusion barred coverage for a legal malpractice claim arising from a probate dispute because a...more

Goldberg Segalla

Report Claims Early & Often

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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

Fox Rothschild LLP

Providing Investment Advisory Services in North Carolina May be a “Profession,” But Doesn’t Get Limitations Period for...

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Investment advisors defending fraud claims from a former client recently asked the Business Court to place them within the three-year statute of limitations applicable to those who provide professional services. In Pridgen v....more

J.S. Held

Recent Case Laws Relating to the Defective Premises Act 1972: Its Impact on Contractors and Consultants

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The Building Safety Act 2022[1] (BSA 2022) (which gained Royal Assent on 28 April 2022), has had a significant impact on liability around the design and construction process. One of the changes brought about by the BSA 2022...more

Marshall Dennehey

Appellate Division Upholds Defense Victory and $500K Fee Award in New Jersey Legal Malpractice Case

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Jack Slimm and Jeremy Zacharias, of our Mount Laurel, New Jersey, office, secured a significant victory in the New Jersey Appellate Division in Cohen v. Weg & Meyers, P.C., A-2082-22 (App. Div. Aug. 6, 2025), affirming the...more

Carlton Fields

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

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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

Freiberger Haber LLP

Primer on Insurance Broker Liability (How can You Insure Proper Insurance Coverage)

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Folks buy insurance to minimize loss in the event of occurrences that may cause injury to individuals or property. I would venture to say that most of the time, insureds do not read their policies and do not know the precise...more

Marshall Dennehey

Appellate Division Affirms Dismissal of Construction Zone Death Suit Against Employer and Engineering Firms Based on Workers’...

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Estate of Mike Alexander, Deceased, et al. v. Northeast Sweepers, et al., No. A-1486-23 (June 19, 2025) - On July 11, 2014, Michael Alexander was struck and killed by a sweeper truck while working in an active construction...more

Ward and Smith, P.A.

Legal Considerations for Insuring an Equine Business: Guidance for Boarding Stables and Event Hosts

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For these businesses, insurance is one of those risk management tools that plays a critical role in protecting business assets, safeguarding against liability, and facilitating continuity of business operations in the event...more

Woodruff Sawyer

Navigating Insurance for Artificial Intelligence and Life Science Products

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Life science companies are tapping into artificial intelligence (AI) to improve how they work, transforming the way they handle data and approach product research and development. They’re using AI to speed up key processes...more

Offit Kurman

Managing Conflict with Opposing Parties and Counsel in Family Law Cases

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Some lawyers adopt an aggressive stance as a deliberate strategy, believing it will secure better outcomes for their clients. Others may be combative by nature. It’s important to distinguish between tactical aggressiveness...more

Rivkin Radler LLP

July 2025 Insurance Update

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We cover a broad range of topics in this month’s insurance update. The Supreme Court of Vermont considers how to measure a boat’s capacity under a watercraft exclusion. The Sixth Circuit decides whether an equipment...more

Goldberg Segalla

When Lawyers Can Speak: Self-Defense Exception to Confidentiality

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Under Rule 1.6(c)(4) of the Pennsylvania Rules of Professional Conduct — and similar rules in many states — a lawyer may disclose confidential client information “to the extent the lawyer reasonably believes necessary” to...more

Wiley Rein LLP

Louisiana Appellate Court Enforces Bodily Injury Exclusion in an Errors and Omissions Policy

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The Court of Appeal of Louisiana, Third Circuit, has held that a bodily injury exclusion in a carrier’s errors and omissions policies barred coverage for a third-party claim by another carrier and a third-party demand by an...more

McGuireWoods LLP

Court Analyzes the “Testamentary Exception” — With a Twist

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Under the aptly named “testamentary exception,” a beneficiary taking under a will can sometimes access communications between the testator and the testator’s lawyer. This exception rests on the understandable concept that the...more

Wiley Rein LLP

Insurance Policy Voided Due to Attorney’s Failure to Disclose Disciplinary History

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The United States District Court for the Southern District of West Virginia, applying West Virginia law, has held that an insurer was entitled to rescind an insurance policy based on the insured’s misrepresentations regarding...more

K&L Gates LLP

URS v. BDW [2025]: Supreme Court Confirms Consultants' Duty to Developers for Historic Defects

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The UK Supreme Court’s (Court) decision in URS Corporation Ltd v. BDW Trading Ltd [2025] UKSC 21 resolves key questions around the recoverability of remediation costs where the developer no longer owns the property and has no...more

Wiley Rein LLP

Coverage for Post-Tender Remediation Costs Precluded as Voluntary Payments Where Insured Admitted and Assumed Liability Before...

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A federal district court, applying New York law, has held that a “voluntary payments provision” precluded coverage for an insured’s post-tender costs to remediate its engineering errors because the insured admitted and...more

Clark Hill PLC

UK High Court ruling underscores cost of broker negligence and clarifies effects of “other insurance” clauses in overlapping...

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A recent ruling from the High Court of Justice (a trial level court) in London, highlights the serious consequences of professional negligence in insurance broking and clarifies how “other insurance” clauses interact with one...more

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