News & Analysis as of

Malpractice Insurance

Farrell Fritz, P.C.

Bookkeeper Liability? It’s a Real Thing

Farrell Fritz, P.C. on

Accountants are professionals. They carry malpractice insurance. They are potential deep pockets. For these reasons, accountants sometimes find themselves defending against liability claims in business divorce lawsuits. The...more

Rumberger | Kirk

Viewpoint: Early Action Key to Mitigating Risk in Professional Liability Claims

Rumberger | Kirk on

Professional liability claims impact a multitude of professions, including those in the legal, medical, financial and insurance industries. Claims for malpractice, breach of contract, breach of fiduciary duty and related...more

Goldberg Segalla

A Worrying Trend? Legal Malpractice Payouts Soar

Goldberg Segalla on

Uh oh. Surveyed legal malpractice insurance carriers pointed to sympathetic jurors and aversion to trying cases as possible explanations for an “all-time high” in claims payouts despite similar year-over-year volume....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Insuring Innovation: Protecting Your Organization in the Age of Generative AI

The decision to integrate Generative AI (“GAI”) into an organization is one that occupies significant space these days in many corporate board rooms. In today’s rapidly evolving business landscape, the adoption of GAI...more

Hinshaw & Culbertson LLP

[Event] 23rd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 5th - 7th, Chicago, IL

Hinshaw & Culbertson LLP on

Hinshaw's annual Legal Malpractice & Risk Management (LMRM) Conference is the industry's gold standard for advice on litigating legal malpractice claims and navigating legal malpractice insurance, professional responsibility,...more

Miles Mediation & Arbitration

The Saddest Mediation: Mediating Wrongful Death Cases

Start with the obvious fundamental difference between a wrongful death mediation session and any other: the subject of the mediation itself is absent and will never return. That difference, in my experience, dictates a...more

Hinshaw & Culbertson - Lawyers for the...

Massachusetts District Court Sides With Insurer Because of Insured’s Failure to Provide Timely Notice of the Claim

Brief Summary - The United States District Court for the District of Massachusetts held that the insured failed to comply with the notice provisions of a claims-made policy. Whether the insurer had actual notice of the...more

Miles Mediation & Arbitration

A Chance for Substantial Verdicts: Recent Georgia Medical Malpractice Cases

The COVID-19 pandemic has affected every aspect of our lives, and the legal system is no exception. Court hearings went from being in-person to virtual, and court dockets swelled as cases were postponed. In 2023, the legal...more

Holland & Hart LLP

Sports and Student Physicals: Legal Issues

Holland & Hart LLP on

It’s that time of year when many healthcare providers offer free or discounted sports or student physicals as a community service or marketing ploy. If you participate in such programs, make sure you consider the legal...more

White and Williams LLP

Improvement or Malpractice? Florida Court of Appeals Addresses Applicable Statute of Limitations

In Am. Auto. Ins. Co. v. FDH Infrastructure Servs. LLC., No. 3D22-1143, 2023 Fla. App. LEXIS 3662, the Court of Appeals of Florida, Third District (Court of Appeals) addressed whether Florida’s two-year statute of limitations...more

Wiley Rein LLP

No Coverage for Claims Made Outside of Claims-Made Policy Period

Wiley Rein LLP on

The United States District Court for the Northern District of Illinois, applying Illinois law, has granted a legal professional liability insurer’s motion for summary judgment, holding that its claims-made policy did not...more

Haight Brown & Bonesteel LLP

Along for the Ride: Non-Patients May be Subject to MICRA's Limitations

In Lopez v. American Medical Response West (2023) Cal.Rptr.3d (2023 WL 2518511), the California Court of Appeal, First Appellate District, affirmed a lower holding that the one-year statute of limitations under professional...more

Woodruff Sawyer

MICRA Reform: What It Means for California Healthcare Providers

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MICRA, or the Medical Injury Compensation Reform Act of 1975, is a California statute that limits the non-economic damages portion of medical malpractice claims with the intent of reducing tort liability for healthcare...more

Tucker Arensberg, P.C.

Navigating Contract Reviews for Early Career Physicians: Insights from a Physician Contract Review Attorney

Tucker Arensberg, P.C. on

At the conclusion of their residency or fellowship, physicians are faced with the new challenge of interviewing and negotiating their first contract. One of the first things that I hear from early career physicians who reach...more

Hinshaw & Culbertson LLP

[Event] 22nd Annual Legal Malpractice & Risk Management Conference (LMRM) - March 7th - 9th, Chicago, IL

Do you have plans for March 7-9? Join us at Hinshaw's 22nd Annual Legal Malpractice & Risk Management Conference (LMRM) at The Ritz-Carlton Chicago. Register by January 27 to take advantage of the Early Bird Discount. Join...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - October 31 2022

Rivkin Radler LLP on

Majestic Rayon Corporation, a family business that manages the family’s real estate, obtained an insurance policy from Hartford Accident and Indemnity Company that included supplementary uninsured/ under-insured motorists...more

Woodruff Sawyer

What Prevails, Business Judgment Rule or Donor Intent?

Woodruff Sawyer on

The daughters of Paul Newman recently sued the Newman’s Own Foundation to their annual control of $400,000 of funds for donation.Paul Newman created the foundation to give away all royalty rights from the sale of Newman’s Own...more

Ward and Smith, P.A.

Responding to a Complaint to the Medical Board

Ward and Smith, P.A. on

Receiving a letter from the North Carolina Medical Board (the "Board") that a complaint has been filed against you is distressing.  It often provokes a mix of emotions, ranging from anger to worry; however, it is a...more

Rivkin Radler LLP

NY Dental Hygiene Bill Expands Hygienists’ Authority to Administer Anesthesia - UPDATED June 2022

Rivkin Radler LLP on

Last month, New York Gov. Kathy Hochul signed into law a dental hygiene bill that allows dental hygienists to use nitrous oxide and local infiltration anesthesia to assist dentists with all dental procedures. The bill, which...more

Ervin Cohen & Jessup LLP

Mind the Proper Use of ‘Prior Knowledge’ Exclusions

Liability insurance written on a claims made basis is designed to protect an insured against claims asserted following the policy’s inception even if the acts giving rise to the claim took place prior to policy inception. But...more

Roetzel & Andress

Malpractice Insurance: What Physicians And Dentists Should Know About Their Coverage

Roetzel & Andress on

Many physicians and dentists have a lot of the same questions when it comes to malpractice insurance. What does my policy cover? Is it important to let my carrier know I practice in multiple locations? What happens to my...more

Woodruff Sawyer

Do In-House Lawyers Need Insurance Coverage for Malpractice?

Woodruff Sawyer on

As the litigation environment for directors and officers gets more intense, in-house lawyers are asking the question: Do I need malpractice insurance? It’s a good question. If needed, the type of insurance in-house counsel...more

Hinshaw & Culbertson LLP

[Event] 21st Annual Legal Malpractice & Risk Management Conference (LMRM) - March 1st - 3rd, Chicago, IL

Please join us for the 21st Annual Legal Malpractice & Risk Management Conference (LMRM) for one-and-a-half days of practical and engaging panel sessions focused on current and important developments in the law, litigation of...more

American Conference Institute (ACI)

[Virtual Event] 20th Annual Advanced Forum on Obstetric Malpractice Claims - November 18th, 8:45 am - 6:15 pm EST

Virtual Forum on Obstetric Malpractice Claims is taking place on November 18th EST. During this one-of-a-kind event, our unparalleled faculty of claims specialists, risk managers, medical experts – as well as an outstanding...more

Holland & Knight LLP

Washington State-Licensed Lawyers Take Note: Get Insurance or Start Making Disclosures

Holland & Knight LLP on

Beginning Sept. 1, 2021, all licensed lawyers in the state of Washington, with only limited exceptions, will be required to disclose to clients and obtain informed consent confirmed in writing if they do not have malpractice...more

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