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Insurance Litigation Insurance Industry Attorney Malpractice

Marshall Dennehey

Delaware Supreme Court Rules that Attorneys Are Liable for Malpractice Claims If a Sufficiently Developed Record Could Have...

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GMG Ins. Agency v. Margolis Edelstein, 2024 WL 1688869 (Del. Apr. 19, 2024) - Update: Prior to publication of this alert, the Delaware Supreme Court vacated its earlier opinion in GMG Ins. Agency v. Margolis Edelstein, 2024...more

Presley & Presley

Retained Counsel Beware: Insurer Tactics to Recover Excess Payments

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Most jurisdictions, at least in theory, permit insureds to recover extra-contractual payments/judgments from their insurers under bad faith or negligence theories. Jurisdictions are less uniform on whether or under what...more

Farella Braun + Martel LLP

When Can an Insurer Pursue a Malpractice Claim Against Defense Counsel Retained for an Insured? Part II: When Can an Insurer...

In Part I (”When Can an Insurer Pursue a Malpractice Claim Against Defense Counsel Retained for an Insured”) of our two-part article published by the ABA’s Insurance Coverage Litigation Committee (ICLC), we addressed the...more

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

Wiley Rein LLP

Multiple Acts of Legal Malpractice Alleged In A Single Lawsuit Constitute “Related Acts”

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The United States District Court for the Northern District of California, applying California law, has held that the claims made against an insured law firm and its attorneys arising out of their representation of three...more

White and Williams LLP

When Can Liability Insurers Sue Appointed Underlying Defense Counsel for Malpractice?

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Insured gets sued. Insurer hires defense counsel to represent insured. Defense counsel takes over the case, and eventually, the case ends. Most of the time, the carrier and its insured will be satisfied with the result. There...more

Carlton Fields

Florida Supreme Court Permits Insurer to Maintain Subrogated Malpractice Claim Against Counsel Retained to Represent Its Insured

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Long-standing Florida law recognized only two limited exceptions to the general rule prohibiting a third party from pursuing a legal malpractice claim against an attorney who was not in privity with the third party – a will...more

Rumberger | Kirk

Florida Supreme Court: Insurers can Sue Attorneys for Malpractice Under Subrogation Provision

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The Florida Supreme Court has given the proverbial “green light” for insurance companies to sue attorneys for negligent representation of an insured. Historically, to bring an action against an attorney for legal malpractice...more

Rivkin Radler LLP

Insurance Update - March 2021

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In our March Insurance Update, we discuss four state supreme court cases and four cybercrime cases. The state high courts address: •From whose perspective should a consent-to-settle provision be judged? •What standard...more

Wiley Rein LLP

Lawyer’s Multiple Acts of Negligence Constitute A Single Claim

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The Missouri Court of Appeals, applying Missouri law, has held that multiple acts of negligence committed by a lawyer while representing a married couple in a lawsuit are related acts or omissions constituting a single claim...more

Blank Rome LLP

Insurer Liability for Retained Counsel’s Malpractice

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The Hypothetical Facts - Take the following hypothetical: A California company is sued in the Los Angeles Superior Court for personal injuries suffered by the driver of a vehicle that was injured in a crash involving the...more

Carlton Fields

Illinois Court Holds That Reinsurers And Insurer Need To File Complaint In Legal Malpractice Lawsuit In Their Own Names Pursuant...

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In this case, an Illinois appellate court held that Section 2-403 of the Illinois Code of Civil Procedure, 735 ILCS 5/2-403, required the reinsurers and insurer of Developers Surety and Indemnity Co. (“DSI”) a surety, to file...more

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