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Professional Liability Blog

We explore and analyze current issues and relevant topics to help accountants, attorneys, architects and engineers, insurance agents and real estate brokers avoid a professional liability case.

Professional Liability Blog
September 8, 2021

Real Estate Agents Beware: Missouri Court Recognizes Seller’s Agent Liability under Consumer Protection Statute

The Missouri Court of Appeals, Western District recently affirmed a jury verdict finding a real estate agent liable for violation under the Missouri Merchandising Practices Act (“MMPA”) when she, acting as a seller’s agent, acted in reckless disregard as to whether statements in the sellers’ disclosure were true or false.

Professional Liability Blog
February 11, 2019

Illinois’ Statute of Limitations for a negligent procurement claim runs from date insured received the policy, not when a claim is denied.

In American Family Mutual Insurance Company v. Krop, 2018 IL 122556, – N.E.3d – (2018), the Illinois Supreme Court addressed whether a claim brought by Walter and Lisa Krop, the insureds, against their insurance agent for failing to procure the level of insurance coverage the insureds requested and would have covered a third-party claim, was time barred. Central to the dispute was when the Krops’ claim against the agent accrued.

Professional Liability Blog
September 30, 2018

On the Hook Without a Word: Title Agent May Create Attorney-Client Relationship Between Lender and Attorney Retained by Title Agent

A Florida appellate court recently held a title agent’s consultation with an attorney to prepare a note and mortgage may have created an attorney-client relationship between a lender and the attorney, despite no direct communications between the lender and attorney. Additionally, the creation of such relationship may have triggered a duty by the attorney to review documents prepared by the title agent outside the attorney’s agreed scope of work.