Legal Malpractice Law Review

Legal Malpractice Law Review

Research, resources & expertise in the law governing lawyers

Category Archives: Insurance

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NY: Insurer Sues Assigned Attorney for Malpractice

Posted in Insurance, New York, Privity
Kumar v. Am. Transit Ins. Co., 854 N Y.S.2d 274, 275 (App. Div. 4th 2008). NY: Underlying Insurance Case. Student Contributor: Le-el D. Sinai Facts: Plaintiffs sued defendant Hiscock attorneys and the insurance company (American Transit Insurance Company, or “American”) for assigning the defendant to plaintiffs underlying case. American commenced a third-party action, alleging that… Continue Reading

CA:SLAPP: In House Lawyer Liability to Employer

Posted in California, Corporate Law, Insurance, Litigation
Fremont Reorganizing Corp. v. Faigin, 198 Cal. App. 4th 1153 (2011) CA: Attorney client relationship Student Contributor: Mordechai Buls Facts: Plaintiff, a former in-house attorney, sued Defendant for wrongful termination. Defendant filed a cross-complaint alleging breach of confidence, fiduciary duty, and ethical obligations, and claimed that after Plaintiff was discharged, he informed the California Insurance Commissioner… Continue Reading

FL: Attorney-Client Privilege May Apply Between Separate Attorneys Representing the Same Client

Posted in Commercial, Florida, Insurance, Local & Co-Counsel, Scope of Representation
Volpe v. Conroy, Simberg and Ganon, P.A., 720 So. 2d 537 (Fla. App. 1998) Fla. App: Underlying Construction litigation Student Contributor: Ross Eisenberg Facts: Clients were involved in construction litigation in which their insurance company hired Conroy, Simberg and Ganon (CSG) to represent them under a reservation of rights. The clients also hired their own personal… Continue Reading

FL: Sued by Client at the Last Minute; Will my Soon to Expire Insurance Cover Damages?

Posted in Florida, Insurance
Gulf Insurance Co. v. Dolan, Fertig and Curtis, 433 So. 2d 512 (Fla. 1983) FL: Underlying Malpractice Claim Insurance Coverage Student Contributor: David Drescher FACTS: Dolan, Fertig and Curtis was a law firm that took out a legal malpractice insurance policy with Gulf Insurance Company. The policy lasted from November 20, 1978 to November 20,… Continue Reading

OH: Disclosure of Malpractice Policy Required

Posted in Insurance, Ohio
Berry et al. v. Javitch, Block & Rathbone, L.L.P., 182 Ohio App.3d 795 (2009). Student Contributor: Shiv Vydyula Facts: The Berrys commenced suit for negligent concealment and alleged that defendants committed fraud when they failed to disclose that they were insured for malpractice by Clarendon National Insurance Co. Defendant(s) only disclosed a policy from Legion… Continue Reading

NY: Proximate Cause? Does the Attorney’s Negligence Make a Difference in the Underlying Case?

Posted in But for-Proximate Cause, Case Within a Case, Insurance, Litigation, New York
Schorsch v. Moses & Singer LLP, 60 A.D.3D 557, 876 N.Y.S.2d 367 App. Div. 1st Dep’t 2009). NY: Underlying insurance claim Student Contributor: Nicole Milone Facts: M.R.S. Antiques was a family-owned business that sold art and antiques. The business was run by Margaret Schorsch, her brother David Schorsch, their mother Marjorie Schorsch, and two other… Continue Reading

NY: Claims Made Coverage for Law Firm’s “of Counsel”

Posted in Insurance, New York, Real Estate
Senate Ins. Co. v. Tamarack Am. 14 A.D.3d 922; 788 N.Y.S.2d 481 (2005) NY Underlying Real Estate Transaction Student Contributor: Natalie Resto Facts: The attorney, who was employed full time by the Lawrence Group, Inc. as its general counsel, represented the plaintiff when it purchased some real estate property for $2,600,000. The Lawrence Group was a… Continue Reading

Coverage Issues: Claims Made Policies and the Late Notice Defense

Posted in Federal, Insurance
Berry & Murphy, P.C. v. Carolina Casualty Ins. Co., 586 F.3d 803 (10th Cir. 2009). Underlying Legal Malpractice Action Facts:  The Burkhardts retained Plaintiff to represent them in a personal injury lawsuit in or about January, 2005.  More than a year later, in March, 2006, Murphy, the attorney responsible for the Burkhardt matter left the Plaintiff law firm to… Continue Reading

Insurers Beware: Disingenuous Disclaimers Result in Award of Attorney’s Fees

Posted in Attorneys Fees, Insurance, New Jersey
Guarantee Insurance Co. v. Saltman, 217 N.J. Super. 604 (App. Div. 1987) NJ Underlying Insurance Action   Student Contributor: Colleen Gaedcke   Facts: A few months after obtaining professional malpractice coverage from the plaintiff, one of the partners at the defendant law firm was served with a legal malpractice complaint. The defendant submitted the complaint… Continue Reading

The Error of Judgment Immunity: An Elusive Defense

Posted in Illinois, Insurance, Litigation
Gelsomino v.Gorov, 502 N.E.2d 264, 149 Ill.App.3d 809, (App. Ct. Ill., 1986) IL Underlying Representation: Insurance coverage lawsuit Student Contributor: John Anzalone Facts: Plaintiffs sue Attorney and his law firm for legal malpractice for negligently investigating, preparing and presenting Plaintiffs in a lawsuit against the insurer that failed to cover the loss of their restaurant… Continue Reading

NJ: Workers Compensation Liens Attach to Legal Malpractice Recovery

Posted in Insurance, Legal Ethics, New Jersey
Utica Mutual. Ins. Co. v. Maran & Maran, 142 N.J. 609 (1995) NJ Underlying workers comp proceeding Student Contributor:  Lisa Larato Facts: Defendant Ingala sustained work related injuries and had been receiving workers compensation benefits from the Plaintiff, Utica Mutual Insurance Co. (Utica). Ingala retained a separate attorney to handle a products liability claim against the… Continue Reading

NJ: Mandatory Legal Malpractice Insurance: The Time Has Come.

Posted in Fiduciary Duty, Insight & Commentary, Insurance, New Jersey
Insight and Commentary from Ben Wasserman and Krishna Shah In order to drive a car in New Jersey, you need a license and insurance. If your negligent driving injures someone, you have insurance not only to protect yourself, but to protect the person you injure. In order to practice law in New Jersey, you also… Continue Reading

Insurance Coverage: Make it Clear and Understandable

Posted in Insurance, New Jersey
Jolley v. Marquess, 393 N.J.Super. 255 (App. Div. 2007) NJ Underlying automobile negligence action; insurance coverage for malpractice. Student Contributor: Colleen A. Gaedecke Facts: A New Jersey auto insurance company retained a New Jersey law firm to defend its insured in an auto negligence case.. The malpractice defendant, a partner at the firm, was assigned… Continue Reading

NY: Novel Theories, Out-of-State Law and the Standard of Care

Posted in Insurance, Intellectual Property, Litigation, New York, Standard of Care
Darby & Darby, P.C. v. VSI International, Inc. 95 N.Y.2d 308 (2000) NY Underlying insurance coverage Student Contributor: Maninder (Meena) Saini Facts: Defendant (VSI International Inc.), a Florida corporation retained plaintiff (Darby & Darby) a New York law firm to represent it in two Florida lawsuits. Even though defendant paid a portion of a substantial… Continue Reading

NJ: No Double Recovery: Underlying Workers Comp Lien Attaches to Legal Malpractice Recovery

Posted in Insurance, Litigation, New Jersey, Torts/Personal Injury
Frazier v. New Jersey Manufacturers Insurance Company, 142 N.J. 590, 667 A.2d 670 (1995) (pdf) NJ: Underlying litigation; workers compensation lien Student Contributor: Michael Park Facts: Plaintiff was injured on the job while working for a third-party general contractor, and his attorney filed a worker’s compensation claim against his employer’s insurance carrier. However, his attorney failed… Continue Reading

Legal Malpractice Insurance: Don’t Tell? Don’t Cover!

Posted in Insurance, New Jersey
Liberty Surplus Insurance Corporation, Inc. v. Nowell Amoroso, P.A. 189 N.J. 436, 916 A.2d 440 (N.J. 2007) NJ Underlying matter: Malpractice Insurance coverage Student Contributor: Evan Michael Hess Facts: Plaintiff is the malpractice insurance carrier of the Defendant law firm in a Declaratory Judgment action. During the law firm’s  representation of one of its clients,… Continue Reading