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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
February 28, 2024

Ohio Court Confirms the Fiduciary Duty of a Third Party assisting an Attorney-in-Fact is only to the Principal, not the Attorney-in-Fact Individually

An Ohio court recently confirmed the scope of a duty in professional relationships with agents under a durable power of attorney. A decision last December of the Court of Appeals of Ohio confirms that where a third-party professional assists an agent acting under a durable power of attorney, the professional’s duty of care runs not to the agent in his or her individual capacity, but to the agent only in the fiduciary capacity, that is, through the agent to the principal.  Hull v. Polous, 2023 Ohio App. LEXIS 4320; 2023 WL 8613552.

Professional Liability Blog
February 14, 2024

Potential Game Changer: Will Sachtleben v. Alliant National Title Insurance Co. Alter the Legal Landscape for Missouri Real Estate and Title Insurance Professionals and Their Ever-Evolving Industries?

Fight the urge to pass on this miniature case note. Sure, my prior blog posts have focused more on practical considerations for title insurance and real estate professionals. Easy reading, pure bullet-list consumption. But, this case is one to watch whether you’re a Reddit “Land Chad” or a 1L selecting your favorite stick in the bundle during second semester Property Law. Be on the lookout for a follow-up blog post after the potential game-changing opinion from the justices in Jeff City.

Professional Liability Blog
September 26, 2023

Avoiding Trials and Tribulations: Common-Sense Policies to Shield Your Company Amidst an Increase in the Number and Severity of Professional Liability Claims

Amidst an increase in the number and severity of professional liability claims, design-professionals can protect themselves and reduce the risk of a claim by focusing on their core expertise, choosing the right clients, entering into favorable contracts, and maintaining written records and communications.