Skip to Content

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
February 28, 2023

Don’t Question My (Seller’s) Authority!

Attention real estate agents, brokers, lenders, and title insurance agencies! As the residential and commercial real estate markets continue to evolve and fluctuate in 2023 with the financial markets that impact and drive them, seller authority to convey land continues to be a hot topic.

Professional Liability Blog
July 17, 2019

Eastern District of New York Liberally Interprets Insurance Policy for the Benefit of the Insured

In Ill. Union Ins. Co. v. US Bus Charter & Limo Inc., 291 F. Supp. 3d 286 (E.D. N.Y. 2018), the United States District Court for the Eastern District of New York addressed the scope of coverage for alleged violation of the Telephone Consumer Protection Act (TPCA). One of the main issues presented was whether a TCPA violation was within the scope of the insurance policy’s coverage for performance of professional services and travel agency operations. 

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
July 18, 2017

Insurer May Be Liable to Policyholder for Agent’s Failure to Explain Coinsurance Provision Reducing Coverage to Less Than Amount Requested

Insurance agents are wise to mention and explain policy provisions that may cause a reduction in coverage below what the customer wants to have. And in Florida and other states that attribute an insurance agent’s negligence to the insurance company (enabling a direct action against the company), insurers are wise to devise processes that ensure what is requested by the customer is reflected in the insurance policy.