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Insurance Law Hawaii

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professional liability

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Law Firm Fails to Survive Insurer’s and Agent’s Motions to Dismiss

By Tred R. Eyerly on April 26, 2023

    Interpreting New Jersey law, the federal district court dismissed without prejudice the law firm's complaint against its insurer and agent. Law Office of Drew J. Bauman v. Hanover Ins. Co., 2023 U.S. Dist. LEXIS 31844 (D. N. J. Feb. 27, 2023).

    The law firm had a professional liability policy issued…

Posted in Broker's Negligence

No Coverage for Attorney’s Fee Award Found to be Sanction

By Tred R. Eyerly on September 28, 2022

    The court rejected the attorneys' claim that an award of attorney's fees awarded for pursuing a frivolous claim under the Individuals with Disabilities Education Act (IDEA) was not a "sanction" and was covered under the policy Wesco Ins. Co. v. Roderick Linton Belfance, LLP, 2022 U.S. App. LEXIS 18263 (6th Cir. July…

Posted in Attorneys' Fees, Errors and Omissions

Ninth Circuit Affirms Denial of Coverage in Wrongful Death Action

By Tred R. Eyerly on December 21, 2020

    The Ninth Circuit affirmed the district court's granting of summary judgment to the insurer, agreeing there was no coverage for the defendant in a wrongful death action. National Fire & Marine Ins. Co. v. Hampton, 2020 U.S. App. 33215 (9th Cir. Oct 21, 2020).

    The wrongful death compliant alleged, and…

Posted in Duty to Defend

Denial of Coverage Reversed, Remanded for Possible Reformation of Policy

By Tred R. Eyerly on November 18, 2019

    The Seventh Circuit reversed and remanded for consideration of reformation of the professional liability policy after the district court found there was no coverage. Crum & Forster Spec. Ins. Co. v. DVO, Inc., 939 F. 3d 852 (7th Cir. 2019).

    WTE-S&S AG Enterprise, LLC sued DVO for breach of contract.

Posted in Errors and Omissions
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