News & Analysis as of

Professional Liability Attorney's Fees

Offit Kurman

Managing Conflict with Opposing Parties and Counsel in Family Law Cases

Offit Kurman on

Some lawyers adopt an aggressive stance as a deliberate strategy, believing it will secure better outcomes for their clients. Others may be combative by nature. It’s important to distinguish between tactical aggressiveness...more

Goldberg Segalla

Dwindling Returns: Failing to Read LPL Policy Cost Millions

Goldberg Segalla on

A quirky reality of litigation is that the amount of recoverable dollars often dictates the strategy and approach. Maybe no one said it better than Biggie: “mo money, mo problems.” Especially in the context of an insured...more

Wiley Rein LLP

Ohio Court Rules that “Frivolous Conduct” Exclusion Precludes Duty to Defend

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The Ohio Court of Appeals has affirmed that a professional liability insurer owed no duty to defend claims against attorneys and their law firm that accused the attorneys of filing “frivolous” lawsuits under the Individuals...more

Carlton Fields

Eleventh Circuit Explicitly Adopts Distinction Following Hoover to Confirm That Coverage Cannot Be Created Through Waiver or...

Carlton Fields on

On July 30, 2020, the Eleventh Circuit Court of Appeals in AEGIS Electric & Gas International Services Ltd. v. ECI Management LLC reversed the trial court’s grant of summary judgment in favor of an insurer, AEGIS Electric &...more

White and Williams LLP

11th Circuit Holds Potential Attorneys’ Fee Award Alone Constitutes Potential “Loss” Triggering Duty to Defend under Professional...

Highlighted by a decision this past week in the 11th Circuit, a small divide may be beginning to emerge in the treatment of coverage for underlying plaintiff’s attorneys’ fees under professional liability policies, a split...more

White and Williams LLP

Arizona Purchaser Dwelling Actions Are Subject to a New Construction

White and Williams LLP on

Arizona recently amended its Purchaser Dwelling Action statute to, among other things, involve all contractors in the process, establish the parties’ burdens of proof, add an attorney fees provision, establish procedural...more

Haight Brown & Bonesteel LLP

Purely “Compensatory” Debts Owed by Attorneys to Clients (Which Are Not Disciplinary or Punitive Fees Imposed by the State Bar)...

The United States Court of Appeals for the Ninth Circuit in Scheer v. The State Bar of California (4/14/16 – Case no. 2:14-cv-04829-JFW) reversed the district court’s affirmance of the bankruptcy court’s decision that a...more

Proskauer Rose LLP

Third Circuit Finds Insured v. Insured Exclusion Precludes Recovery of Defense Costs

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Many corporate executives may be under the impression that the defense costs they incur when sued for actions taken in their role as officers of the company would be covered by a “Management Protection” insurance policy. The...more

Proskauer Rose LLP

Policyholder Warning: What One Provision Giveth (Defense Costs), Another Provision May Taketh Away

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Professional liability insurance policyholders often breathe a sigh of relief when their insurer begins funding the costs of defending against a civil claim or government investigation. That is one of the reasons they bought...more

Hinshaw & Culbertson LLP

A Judgment Cannot Not Lie Against Attorney Who is a Non Party

Hinshaw & Culbertson LLP on

In Suarez v. City of Corona, 2014 DJDAR 12101, the California Court of Appeal for the Fourth Appellate District decided an interesting case concerning the interpretation of California Code of Civil Procedure Section 1038....more

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