News & Analysis as of

Negligence › Breach of Contract › Professional Liability

Clark Hill PLC

UK High Court ruling underscores cost of broker negligence and clarifies effects of “other insurance” clauses in overlapping...

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A recent ruling from the High Court of Justice (a trial level court) in London, highlights the serious consequences of professional negligence in insurance broking and clarifies how “other insurance” clauses interact with one...more

Goldberg Segalla

New Jersey Attorney Cleared of Alleged Malpractice

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The New Jersey Superior Court, Law Division, in Bergen County, granted a motion for summary judgment in a legal malpractice case against a New Jersey attorney defended by Goldberg Segalla. Goldberg Segalla’s client was the...more

Marshall Dennehey

Legal Updates for Lawyers’ Professional Liability - Case Law Update

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An attorney cannot be liable for failing act outside the scope of the retainer agreement. Kohler v. Polsky, 219 AD3d 821, 822 (2d Dept 2023) - The plaintiff had retained the defendant-attorney for representation in a workers’...more

Clark Hill PLC

Reviewing 2024 Pennsylvania Legal Malpractice Decisions

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As the calendar turns to 2025, a look back at the Pennsylvania appellate dockets shows a number of impactful legal malpractice decisions, including one that was recently reargued en banc with significant ramifications for law...more

Hogan Lovells

Proving causation of loss is key in professional negligence claims

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Duty, breach and damage are the three essential elements of a claim in contract or tort. Demonstrating breach of a duty is insufficient on its own to found liability. A claimant must demonstrate that the breach is the cause...more

Freiberger Haber LLP

In Pari Delicto … What Does That Mean?

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In Seitz v. Marcum LLP, 2024 N.Y. Slip Op. 51141(U) (Sup. Ct., N.Y. County Aug. 30, 2024) (here), Justice Robert R. Reed of the New York County Commercial Division addressed the doctrine of in pari delicto, which “bars a...more

Butler Weihmuller Katz Craig LLP

Scheduling, Compliance, and Liaison Tasks under the Professional Services Exclusion

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Although a construction manager’s scheduling and liaison responsibilities do not require specialized training, such tasks may be sufficiently related to the actor’s other roles to be excluded from coverage under a liability...more

Hinshaw & Culbertson - Lawyers for the...

Continuous Representation Rule Does Not Apply to Legal Malpractice Actions Says Georgia Appeals Court

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Brief Summary - The Georgia Court of Appeals held that the continuous representation rule does not apply to legal malpractice actions. Thus, plaintiff's claims against his attorneys based on their alleged negligence in...more

Marshall Dennehey

Develop the Helpful Habits to Ward Off Litigation

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Reprinted with permission from the Pennsylvania CPA Journal, a publication of the Pennsylvania Institute of Certified Public Accountants. CPAs provide services in an environment that is susceptible to litigation, as they...more

Wiley Rein LLP

Legal Malpractice Lawsuit Not Covered Where Insured Knew or Reasonably Should Have Known Pre-Inception of Conduct that Might Be...

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The United States Court of Appeals for the Eighth Circuit, applying North Dakota law, has held that a lawyers professional liability policy did not provide coverage for a legal malpractice lawsuit where the insured knew or...more

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