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Articles Posted in Insurance Coverage

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Illinois Supreme Court Upholds ISBA Mutual’s Decision to Cancel Legal Malpractice Policy

Ill. State Bar Ass’n Mut. Ins. Co. v. Law Office of Tuzzolino & Terpinas :: 2015 :: Supreme Court of Illinois Decisions :: Illinois Case Law :: Illinois Law :: U.S. Law :: Justia. This is an important decision of the Illinois Supreme Court in which it held that ISBA…

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Former Hinshaw Attorney Loses Coverage Lawsuit For Alleged Ponzi Scheme

Todd A. Duckson v. Continental Casualty Company, 14-1465 MJD/JJK (D. Minn. 12 8 2014). Lawyers often get into trouble with legal malpractice insurers when they become involved in outside businesses. Most legal malpractice policies exclude coverage of any lawsuit arising out of non-legal business activity. Here, an attorney became involved…

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Lawyers’ Claim For Insurance Rejected Because Claim Arose Before Policy Period

CLAUSON & ATWOOD v. PROFESSIONALS DIRECT INSURANCE CO., Dist. Court, D. New Hampshire 2013 – Google Scholar. This is yet another development in the huge and growing area of litigation between lawyers and their legal malpractice insurers. Here, the insurance company obtained summary judgment against the lawyers on the ground…

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California Lawyer Is Not Entitled To Coverage For Fee Disputes With Former Clients

COLONY INSURANCE COMPANY v. FLADSETH, Dist. Court, ND California 2013 – Google Scholar. This case is a declaratory judgment action brought by an insurance company against a lawyer. The underlying cases were two lawsuits against the lawyer. He was accused of charging excessive fees in two medical malpractice lawsuits. He…

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Lawyers Lose Coverage Case Because Of Involvement In Another Entity

ABRAMS, FENSTERMAN, FENSTERMAN, EISMAN, GREENBERG, FORMATO & EINIGER, LLP v. UNDERWRITERS AT LLOYD’S, Dist. Court, ED New York 2013 – Google Scholar. Every year, when I receive my legal malpractice insurance application, there is always a question on whether I am an officer or director of an outside entity. In…

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New York Court Grants Summary Judgment To Lawyers In Insurance Dispute

LEE & AMTZIS, LLP v. American Guar. & Liab. Ins. Co., 2013 NY Slip Op 30018 – NY: Supreme Court 2013 – Google Scholar. This case is one of a growing group of cases where insurers contest their duty to defend an insured lawyer after the lawyer is sued for…

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Federal District Court Allows Excess Insurer To Bring Legal Malpractice Claim

Excess Insurer Can Bring Legal Malpractice Claim Against Lawyer ACE AMERICAN INSURANCE CO. v. SANDBERG, PHOENIX & VON GONTARD, PC., Dist. Court, SD Illinois 2012 – Google Scholar. This is a dispute between an insurer and the lawyers who were hired to defend a case. Illinois has recognized that an…

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Lawyer Defeats Insurer’s Summary Judgment Motion In Legal Malpractice Case

Lawyer prevails in dispute with malpractice insurer in legal malpractice case Foster v. WESTCHESTER FIRE INSURANCE COMPANY, Dist. Court, WD Pennsylvania 2012 – Google Scholar. This is a dispute between a lawyer and his legal malpractice insurer. One of the major trends in recent years is the coverage lawsuit filed…

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Ohio Court Rules In Favor Of Attorney In Insurance Dispute

Insurance coverage dispute Goodman v. MEDMARC INS., 2012 Ohio 4061 – Ohio: Court of Appeals, 8th Appellate Dist. 2012 – Google Scholar. This case involves an insurance coverage dispute. The lawyer was the policyholder and he was sued for legal malpractice. An Ohio court has ruled in favor of an…

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