Insurance policies covering professional liability risks commonly afford coverage with eroding limits - such that the insurer’s payment of legal fees and expenses reduces the policy limits available to pay a settlement or judgment - and require an insured’s consent to settle.
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.
Real Estate Agents Beware: Missouri Court Recognizes Seller’s Agent Liability under Consumer Protection Statute
The Missouri Court of Appeals, Western District recently affirmed a jury verdict finding a real estate agent liable for violation under the Missouri Merchandising Practices Act (“MMPA”) when she, acting as a seller’s agent, acted in reckless disregard as to whether statements in the sellers’ disclosure were true or false.
Insurance Broker Owes No Duty to Advise Employer of Duty to Maintain Workers’ Compensation Coverage, Nebraska Supreme Court Holds
Nebraska Supreme Court rules insurance broker owed no duty to advise employer of insurance obligations under workers’ compensation act.
North Carolina Court Holds a Land Surveyor Owes No Duty to an Adjoining Landowner Absent Privity or Reliance on Survey
In an issue of first impression, the Court of Appeals of North Carolina held a land surveyor and owner owed no duty to adjoining landowners due to their lack of privity and lack of reliance on the survey.