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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
March 3, 2020

Missouri Court Rules Legal Malpractice Claim Survives Death of the Client and Reaffirms Objective Standard for Reporting Claims to a Malpractice Insurer

The Missouri Court of Appeals, Eastern District confirmed an attorney is judged by an objective standard when determining whether the attorney should have reported a potential claim to his or her legal malpractice insurance carrier.  Additionally, the court held a legal malpractice cause of action survives death of the client.

Professional Liability Blog
December 18, 2019

Sandberg Phoenix Business Litigation Team Attends DRI’s Professional Liability Seminar

Katrina Smeltzer and Joe Devereux recently attended DRI’s Professional Liability Seminar held in New York City. 

They learned about several interesting topics, but one of the presentations they attended focused on the stress and anxiety that litigation, and specifically trial, can cause professional clients. They learned how to recognize this stress and how to address it before it becomes a major problem. 

Professional Liability Blog
November 25, 2019

Seventh Circuit Finds E&O Coverage Illusory

The insurer brought a declaratory judgment action arguing it had no duty under Errors & Omissions (“E&O”) coverage of primary and excess insurance policies to defend its insured in an underlying breach of contract claim.  The 7th Circuit reversed and remanded finding the exclusion rendered the coverage illusory. 

Professional Liability Blog
October 4, 2019

Edson v. Fogarty - Broker Can Be Liable to Purchaser for Misrepresentation of Fact, Regardless of Reliance, Where Purchaser Could Not Have Discovered Misrepresentation on Its Own

This article discusses a decision by the 1st District of the Illinois Court of Appeals clarifying the law on when a broker can be liable for negligent misrepresentations during the sale of property and held a broker liable for misrepresentations made about the zoning of property.