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Fifth Circuit affirms insurer’s right to select defense counsel

Wiley Rein LLP
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USA
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October 16 2012

The United States Court of Appeals for the Fifth Circuit, applying Texas law, has affirmed a district court decision holding that an insurer’s reservation of rights did not create a conflict of interest entitling an insured to select independent counsel to defend an underlying legal malpractice lawsuit

Prior knowledge exclusion bars coverage for innocent insured

Wiley Rein LLP
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USA
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October 10 2012

The United States District Court for the District of Nevada, applying Nevada law, has ruled that a prior knowledge exclusion applied where a reasonable lawyer would have expected a claim due to the failure to respond to discovery and summary judgment motions

Federal court abstains from hearing coverage action where underlying state court action sought declaration of parties’ rights under policy

Wiley Rein LLP
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USA
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October 3 2012

The United States District Court for the Southern District of West Virginia, applying Colorado River Water Conservation District v. United States, 424 U.S. 800 (1976), has dismissed on abstention grounds a coverage action filed in federal court

Navigating the matrimonial malpractice minefield: strategies for avoiding legal malpractice claims

Wiley Rein LLP
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USA
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June 21 2012

The frequency of legal malpractice claims arising in the matrimonial law context tends to be higher than in many other areas of practice

Prior knowledge condition not met where law firm had pre-policy-inception knowledge that its failure to appear resulted in an adverse judgment

Wiley Rein LLP
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USA
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June 20 2012

Applying Ohio law, the United States Court of Appeals for the Sixth Circuit has held that the prior knowledge provision in a professional liability policy was not met where the insured law firm knew, before the policy’s inception, that the firm’s failure to appear at a trial had resulted in an adverse judgment against its client and therefore could “reasonably foresee” that its error “might reasonably be expected” to be the basis of a claim

Criminal acts exclusion triggered by insured's admission of elements of crime

Wiley Rein LLP
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USA
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June 13 2012

The United States Court of Appeals for the Sixth Circuit, applying Kentucky law, has held that a criminal acts exclusion applied to bar indemnity coverage for a judgment against a doctor in a medical malpractice action because the doctor admitted the necessary elements of a crime, precluding the necessity of a criminal adjudication of guilt to trigger the exclusion

Criminal acts exclusion triggered without criminal adjudication by insured's admission of elements of crime

Wiley Rein LLP
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USA
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May 14 2012

GAO and federal court weigh in on Section 111 infirmities but it's business as usual for CMS during town hall call

Wiley Rein LLP
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USA
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April 27 2012

The most newsworthy Section 111 developments come from a federal District Court that recently declared a legal malpractice insurer not to be a Responsible Reporting Entity (RRE) and the U.S. Da Silva Moore

Broker exclusion does not bar coverage for accounting firm's alleged negligence

Wiley Rein LLP
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USA
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January 19 2012

Applying Maryland law, the United States Court of Appeals for the Fourth Circuit has held that a professional liability policy’s insurance-broker exclusion did not relieve an insurer of its duty to defend a series of lawsuits filed against an insured accounting firm

Legal malpractice claim against law firm barred by former attorney's prior knowledge

Wiley Rein LLP
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USA
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December 1 2011

The United States District Court for the Middle District of Florida has granted partial summary judgment for an insurer, holding that coverage for a legal malpractice claim against a law firm under a lawyer’s professional liability (LPL) policy was barred by the policy’s prior knowledge exclusion

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