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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
June 12, 2024

Allied Design Consultants, Inc. v. Pekin Ins. Co.: a Reminder for Professionals to Obtain the Proper Insurance Coverage

In Allied Design Consultants, Inc. v. Pekin Ins. Co. the Illinois Fourth District Appellate Court recently affirmed a trial court’s grant of summary judgment finding the allegations in multiple personal injury lawsuits fell under the professional services exclusion included in the plaintiff’s insurance policy, and thus, the insurer was not required to defend the plaintiff in the lawsuit. 2024 IL App (4th) 4230738 (May 23, 2024).

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.