Ethical Lawyers Should Not Take Advantage of Right to Independent Counsel
See the full video at https://rumble.com/vetchb-a-video-explaining-the-law-of-unintended-consequences-and-the-right-to-inde.html and at https://youtu.be/vsPUkOmkIQQ
Consider Center Foundation v. Chicago Insurance Co., 227 Cal. App. 3d 547, 278 Cal. Rptr. 13 (Cal.App.Dist.2 02/05/1991) The
Insurer Did Not Breach Duty to Defend Where it Refused to Defend Insured’s Husband and Marital Community
The United States District Court for the Western District of Washington, applying Washington law, has held that insurers did not breach their duty to defend where they refused to provide a defense for an insured’s husband and marital community.
In Washington, Coverage for Sole Proprietorship Must Include Broad Definition of “Insured”
I ran across a cautionary tale recently in a new Washington federal-court decision in Staheli v. Chicago Insurance Company. The lesson: in Washington, or any other community-property state, a liability policy covering a sole proprietorship must define “insured” broadly
Lawyer Could Only “Reasonably Expect” Claim By Former Client—Not Her Family Members
A New Jersey appellate court has held that a lawyer’s professional liability policy did not cover a lawsuit by his former client because her prior letter threatening suit was a basis for the lawyer to reasonably expect her claim prior
Coverage Barred under “Known Risk” Exclusion Where Applicant for Insurance “On Notice” of Potential Malpractice Claim
Applying District of Columbia law, the United States Court of Appeals for the District of Columbia Circuit affirmed summary judgment in favor of an insurer based on a claims-made policy’s “known risk” exclusion where a law firm was on notice
No Coverage Under a Claims-Made Policy for Former Employee Even When Insured Alleged to be Vicariously Liable
Applying Illinois law, a state appellate court has held that a former employee of an insured does not qualify as an insured under a professional liability claims-made policy for acts committed while employed by the insured because the former employee
After Missing a Statute of Limitations, Insured Law Firm Should Have Disclosed a Potential Claim
Applying District of Columbia law, the United States District Court for the District of Columbia has held that, where an insured law firm is required to disclose reasonably foreseeable potential claims and does not disclose a missed statute of limitations,
No Excess Indemnity Coverage When When Arcdiosese Has No Liability
The Eighth Circuit determined the Archdiocese of St. Louis had no indemnity coverage after settling a suit in which it had no liability. Chicago Ins. Co. v. Archdiocese of St. Louis, 2014 U.S. App. LEXIS 1769 8th Cir. Jan. 29,
Mass Mailings and Legal Malpractice
This case is really a fight amongst insurance companies, but it highlights an interesting source of legal malpractice cases: the referral. While at first blush it might seem unreasonable for client to hold attorney responsible for merely giving a name
Florida Court Recognizes New Statutory Medical Malpractice Bad Faith Cause of Action
A Florida appellate court recently recognized a new statutory cause of action for bad faith in the handling of medical malpractice claims.