Warning – A Kvetch Can Be Dangerous!
Do you have mediator professional liability insurance? If not, why not? If yes, well . . . .
According to this article in the New Jersey Law Journal, the question could be posed another way: How angry do clients have to get before attorneys [substitute ‘mediators’] must warn insurers a suit is possible?
In the ongoing litigation in General Star National Insurance Co. v. Law Offices of Robert A. Olkowitz, P.C., 07-5433, the insurance company asked a federal judge to rule it doesn't have to cover or defend its insured personal injury lawyer in a malpractice case because he didn’t notify the company when a client expressed displeasure with a settlement.
The attorney filed a motion to dismiss asking the judge to declare that a client’s expression of “displeasure” does not, as a matter of law, trigger the responsibility to put a malpractice carrier on notice.
Hmmm!!! Something for mediators to think about. The article is well worth reading!
To email me, click Perry S. Itkin.
According to this article in the New Jersey Law Journal, the question could be posed another way: How angry do clients have to get before attorneys [substitute ‘mediators’] must warn insurers a suit is possible?
In the ongoing litigation in General Star National Insurance Co. v. Law Offices of Robert A. Olkowitz, P.C., 07-5433, the insurance company asked a federal judge to rule it doesn't have to cover or defend its insured personal injury lawyer in a malpractice case because he didn’t notify the company when a client expressed displeasure with a settlement.
The attorney filed a motion to dismiss asking the judge to declare that a client’s expression of “displeasure” does not, as a matter of law, trigger the responsibility to put a malpractice carrier on notice.
Hmmm!!! Something for mediators to think about. The article is well worth reading!
To email me, click Perry S. Itkin.
posted by Perry S. Itkin, J.D., M.S. at 10:59 AM
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