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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
July 17, 2019

Eastern District of New York Liberally Interprets Insurance Policy for the Benefit of the Insured

In Ill. Union Ins. Co. v. US Bus Charter & Limo Inc., 291 F. Supp. 3d 286 (E.D. N.Y. 2018), the United States District Court for the Eastern District of New York addressed the scope of coverage for alleged violation of the Telephone Consumer Protection Act (TPCA). One of the main issues presented was whether a TCPA violation was within the scope of the insurance policy’s coverage for performance of professional services and travel agency operations. 

Professional Liability Blog
September 7, 2018

The Benefits of Limitation of Liability Clauses

Limitation of liability clauses are not favored in the eyes of the law, but they are often upheld by the courts. To be effective, it is important the clause be reasonable and specific. An enforceable limitation of liability clause may drastically limit the potential liability of the professional. Professionals use contracts on a regular basis to secure payment and to define their scope of services. That very same contract can also be used to protect the professional from costly litigation. Limitation of liability clauses are provisions built into a contract that limit the servicing party’s exposure to damages.

Professional Liability Blog
May 27, 2014

Borrowing Money from a Client Equals Disaster for Missouri Attorney

The realities of running a business can sometimes interfere with the practice of law. When a lawyer needs funding to keep his or her practice afloat, a tempting source of financing might be a wealthy client with whom the lawyer has developed a relationship over the course of many years and transactions. Borrowing money from a client, however, is rife with ethical and legal ramifications.