News & Analysis as of

Professional Liability

Frivolous? My Client Told Me So

by Reminger Co., LPA on

Parties who are involved in lawsuits are constantly seeking repercussions against the party raising claims against them. A party feeling wrongly accused of wrong doing often seeks to recover costs by asserting the claims...more

New York Court Holds No Coverage for Criminal Proceeding

In its recent decision in Certified Environmental Services, Inc. v. Endurance Am. Ins. Co., 2018 N.Y. App. Div. 704 (4th Dep’t Feb. 2, 2018), the Supreme Court of New York, Appellate Division, Fourth Department, had occasion...more

Asbestos/Insurance Coverage: New York Court Addresses Defense/Indemnity Obligations Related to Alleged Criminal Clean Air Act...

The New York Supreme Court (Appellate Division) addressed in a February 2nd decision whether three insurance companies had any obligation to defend or indemnify a company who was subject to criminal proceedings related to an...more

Accountant and Attorney Liability NewsBrief - Winter 2018

by LeClairRyan on

Our attorneys have published the Winter 2018 edition of LeClairRyan's Accountant and Attorney Liability NewsBrief, available. Please see full Publication below for more information....more

Eigen schuld, dikke bult (Dutch)

by Dentons on

In many professional liability cases, a claim is claimed by an injured party to the effect that the relevant professional is liable to the injured party and must compensate his or her loss "to be made more detailed by state"....more

Mississippi Federal District Court Permits General Contractor’s Negligence Claim to Proceed Against Project Consultant Given...

by Pepper Hamilton LLP on

S. Indus. Contractors, LLC v. Neel-Schaffer, Inc., No. 1:17CV255-LG-JCG, 2017 U.S. Dist. LEXIS 196804 (S.D. Miss. Nov. 30, 2017) - This case arises out of the West Pier Facilities project at the Port of Gulfport,...more

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

by Dentons on

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

Discovery Rule Supersedes Tolling of Certain Limitations Periods Due to Fiduciary Relationship Between Client and Professional...

In Choi v. Sagemark Consulting, et al. (No. H041569, filed 11/16/17, certified for publication 12/11/17), the Sixth Appellate District affirmed a trial court’s grant of summary judgment in favor of financial advisor...more

Court Awards Summary Judgment on Prior Knowledge Limitation of Professional Liability Policy

In Admiral Ins. Co. v. Superior Court (No. D072267, filed 11/21/17, ord. pub. 12/12/17), a California appeals court held that an application question about prior knowledge of facts that could give rise to a “malpractice...more

Accountancy Forum Newsletter - December 2017

by Reed Smith on

In this edition, we have drafted an article on the recent FRC sanctions and we have also included short summaries of recent cases and items of interest to our target audience. At the end of the newsletter, you will also find...more

Exploring Legal Malpractice Exposure Faced by Law Firms and Lawyers from Use of Technology

by Reminger Co., LPA on

The relationship between technology and the practice of law is a paradox at best. Computers, tablets, cell phones, and other forms of technology provide an enormous benefit by permitting the creation, storage, transmission...more

The Rollback of Immunity for Healthcare Institutions under Mahmoodian

by Steptoe & Johnson PLLC on

A recent decision by the West Virginia Supreme Court of Appeals could significantly increase the potential for litigation arising from adverse privileging decisions by healthcare institutions in the state. Under the Court’s...more

The Professional Services Exclusion: You May Not Have the Coverage You Think

Could you be providing “professional services” that might lead to liability excluded by your commercial general liability policy? The answer may be different than you think....more

Professional Liability and Disciplinary Law Newsletter - October 2017 (Dutch)

by Dentons on

Valued readers - With pleasure, I will send you our monthly newsletter in the field of professional liability and disciplinary action. In this edition we pay attention to two developments in the city of Amsterdam (realtors...more

Alabama Court Holds Professional Liability Exclusion Applicable to Negligent Inspection

In its recent decision in AIX Specialty Ins. Co. v. H&W Tank Testing, Inc., 2017 U.S. Dist. LEXIS 169787 (M.D. Ala. Oct. 12, 2017), the United States District Court for the Middle District of Alabama had occasion to consider...more

McDowell v. CGI Federal Inc.: A Stark Reminder to Government Contractors of their Cybersecurity Obligations

by Hogan Lovells on

On June 1, 2017, the United States District Court for the District of Columbia issued a decision in a class action lawsuit, McDowell v. CGI Federal Inc., Civ. Action No. 15-1157 (GK) (D.D.C. 2017), which could have...more

Insurance Coverage for the Opioid Crisis

by Blank Rome LLP on

With the “opioid epidemic” at an all-time high—and the resulting news coverage and public awareness also at an all-time high—now is the time for pharmaceutical companies, pharmacists, hospitals, doctors, first responders, and...more

Is a Hospital Liable for Staph Infections in Patients?

by Howard Ankin on

A hospital may be held liable for staph infections in patients if there are implications of negligence and medical malpractice. Since hospital staph infections are contracted by patients in numerous ways, negligence or...more

Insurance Coverage – Analysis of Professional Liability Exclusion

by Low, Ball & Lynch on

Energy Insurance Mutual Limited v. ACE American Insurance Company - Court of Appeal, First District (July 11, 2017) - This case involves an insurance coverage dispute arising from an explosion that occurred when an...more

Accountant and Attorney Liability NewsBrief - Fall 2017

by LeClairRyan on

Our attorneys have published the Fall 2017 edition of LeClairRyan's Accountant and Attorney Liability NewsBrief. In this issue: - Supreme Court Limits SEC Disgorgement to Five Years - Revised Form I-9 Released:...more

Real Property & Title Insurance Update: Weeks Ending September 8 & 15, 2017

by Carlton Fields on

REAL PROPERTY UPDATE - Summary judgment: trial court erred by denying borrower’s motion to amend answer and defenses, and therefore erred in entering summary judgment in favor of lender. Reyes v BAC Home Loans Servicing...more

The Sanity of Bank Directors

by Bryan Cave on

On today's podcast, hosts Jonathan Hightower and Rob Klingler discuss the kickoff to the college football season and delve further into Jonathan's article on BankBryanCave.com this week responding to a WSJ Op-Ed by fellow...more

Avoiding Legal Malpractice Claims Arising From Mediation

by Reminger Co., LPA on

In today’s legal landscape, the settlement of litigation is often reached outside of the courtroom, as parties resort to mediation either by their own volition or due to court mandate. To encourage the use of mediation,...more

Counter-Cyclical Thoughts About D&O Insurance

by Bryan Cave on

It can be a challenge, when economic times are relatively good, to take time away from thinking about new opportunities to discuss topics like D&O insurance. Even though I am biased, I’ll admit that, in those times,...more

Attorneys as Fortune-Tellers—Liability for Errors in Valuing Claims

by Dentons on

In nearly every lawsuit there comes a point when the attorney is asked to evaluate the client's likelihood of success and to assign a value to the case. Because this value will likely be used by the client in determining...more

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