Tag archive: Professional Liability

Missouri Recently Adopted More Licensure Rules For Electricians?! Why?!

For most electricians, the thought of having to get yet another license is a nightmare. Now don’t freak out, but Missouri’s legislature has created one more license for electricians. This new license, however, may not be the nightmare you expect. In fact, many are calling this new license the relief Missouri has desperately needed. Up…

A Professional’s Quick Guide to Professional Liability Insurance – Part 2 of 2

In our first segment, we discussed the basic coverage provisions of a professional liability insurance policy and the concept of wasting policy limits. In this second segment, we will talk about exclusions commonly found in a professional liability insurance policy. Common Exclusions: Bodily Injury and Property Damage: Except for certain professionals such as medical providers…

A Professional’s Quick Guide to Professional Liability Insurance – Part 1 of 2

Professional liability insurance, often presented in the form of an “errors and omissions” policy, is a form of liability insurance providing coverage for claims made as a result of professional advice or services. Professionals including attorneys, accountants, engineers, architects, insurance brokers/agents, and real estate brokers/agents should maintain professional liability insurance to protect their businesses and…

Insurer May Be Liable to Policyholder for Agent’s Failure to Explain Coinsurance Provision Reducing Coverage to Less Than Amount Requested

Insurance agents are wise to mention and explain policy provisions that may cause a reduction in coverage below what the customer wants to have. And in Florida and other states that attribute an insurance agent’s negligence to the insurance company (enabling a direct action against the company), insurers are wise to devise processes that ensure…

Despite Agreement, Staffing Agency’s Nurse Was Hospital’s Employee

Firms, hospitals, and professional companies across the country have insurance policies in place to protect them when their professionals are accused of malpractice. But who qualifies as “their” professionals? In Interstate Fire & Casualty Company v. Dimensions Assurance Ltd., 843 F.3d 133 (4th Cir. 2016), the Fourth Circuit was tasked with determining whether a nurse…

In Illinois, Architects Not Required to Guarantee Habitability of Condos

Recently, the Illinois Appellate Court had to decide whether a claim for breach of the implied warranty of habitability can be brought against condominium architects purportedly responsible for alleged design defects—in particular, when the developer is insolvent. The court said no. Board of Managers of Film Exchange Lofts Condominium Association v. Fitzgerald Associates Architects P.C.,…

On a Not-for-Profit Board? Don’t Forget Your Fiduciary Duty

Board members of not-for-profit corporations are usually volunteers who offer their time and expertise to serve organizations they feel strongly about. Many times, however, board members either forget or don’t even realize they are in a fiduciary relationship with the not-for-profit they serve. According to Black’s Law Dictionary, a fiduciary relationship is a “relationship in…

He’ll Build a GREAT Wall: Architect Avoids Public Nuisance Claim

In Fisk v. Town of Redding, 138 A.3d 410 (Conn. App. 2016), the Connecticut Court of Appeals decided a plaintiff injured after a fall from a wall could not maintain a public nuisance claim against the architect who designed the project. The plaintiff fell from a retaining wall built as part of a bigger municipal…

Law Firm Prevails in Pursuit of Attorney Fees, But at What Cost?

Introduction In Storino, Ramello & Durkin v. Rackow, 45 N.E.3d 307 (Ill. App. 1 Dist. 2015), a law firm prevailed in seeking nearly $110,000 in attorney fees from its former clients under a contingency fee agreement that rewarded the firm based on how much was saved in special assessments the Village of Bensenville had sought…

Solo Practitioners Beware: Failure to Follow Multiple Rules of Professional Conduct Can Equal Indefinite Suspension of Law License

Introduction In Erie-Huron Cnty. Bar Assn. v. Smith, 2016 WL 911280 (Ohio Mar. 10, 2016), the Ohio Supreme Court upheld the Board of Professional Conduct’s ruling to indefinitely suspend a solo-practicing attorney’s law license. The Supreme Court held an indefinite suspension was warranted due to the attorney’s failure to file bankruptcy petitions on behalf of…

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