Bad Faith Blog
March 30, 2015
Your Case is Pending on Appeal? If Malpractice is a Concern, Don’t Forget to Disclose
IntroductionIn Bar Plan Mutual Ins. Co. v. Likes Law Office, LLC, 2015 WL 6023075 (Ind. App. Oct. 15, 2015) (No. 02A03–1502–CT–65), the Indiana Court of Appeals examined an attorney’s duty to disclose a potential claim when completing a malpractice insurance renewal application—particularly when an attorney has a favorable judgment from a state’s intermediate appellate court, but the case is still pending before the state supreme court. The case serves as an apt reminder for attorneys to be mindful of how an appellate reversal could lead to a malpractice claim.