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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
April 26, 2021

Insurance Applications Matter – Montana Supreme Court holds one attorney’s failure to disclose potential malpractice claim precluded coverage for claim against entire law firm

This article discusses the Supreme Court of Montana’s opinion in ALPS Property & Casualty Insurance Company v. Keller, Reynolds, Drake, Johnson & Gillespie, P.C. (“ALPS Property”), in which the supreme court decided that Professional Liability insurance coverage was precluded for an entire law firm and three of its attorneys based on the failure of one attorney to disclose a potential legal malpractice claim on an insurance application.  The court found no coverage based on the common law known loss doctrine and based on a prior knowledge provision in the claims-made professional liability policy.     

Professional Liability Blog
September 8, 2020

Public Policy Prohibits Involuntary Assignment of Legal Malpractice Claim Among Litigation Adversaries

This article discusses the Supreme Court of Iowa’s opinion in Gray v. Oliver, where the Supreme Court decided, as a matter of first impression, that a judgment creditor could not prosecute a legal malpractice claim it obtained as an involuntary assignment from the judgment debtor. Such an assignment violates public policy and threatens the integrity of the attorney-client relationship.

Professional Liability Blog
October 4, 2019

Edson v. Fogarty - Broker Can Be Liable to Purchaser for Misrepresentation of Fact, Regardless of Reliance, Where Purchaser Could Not Have Discovered Misrepresentation on Its Own

This article discusses a decision by the 1st District of the Illinois Court of Appeals clarifying the law on when a broker can be liable for negligent misrepresentations during the sale of property and held a broker liable for misrepresentations made about the zoning of property.