Insurer Malpractice Claims Against Defense Counsel: Recognizing, Defending, and Preventing Potential Claims
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide insurance defense counsel through the increasingly important topic of insurer claims against defense counsel for legal malpractice committed while defending the insured. The program will review common errors, whether a cause of action exists and who may assert it, how liability is established, whether and how work restrictions and counsel guidelines imposed on defense counsel affect liability, how damages are proved, and whether and how the attorney-client privilege or work product protection of the insured affects the case.
Outline
- Common errors and strategies for avoiding them
- Theories of liability
- The tripartite relationship theory
- Third-party beneficiary
- Equitable subrogation
- Restatement (third) of the law governing lawyers
- Defenses and related considerations
- Work restrictions and counsel guidelines
- Attorney-client privilege or work product protection
- Damages
Benefits
The panel will review these and other key issues:
- What are the main theories of liability asserted against defense counsel?
- What errors most often give rise to legal malpractice claims and how can defense firms prevent them?
- Do the attorney-client privilege or work product protection affect defenses?
Faculty
Kimberly K. Berman
Shareholder
Marshall Dennehey Warner Coleman & Goggin
Ms. Berman is a shareholder in the firm's Appellate Advocacy and Post-Trial Practice Group in the Professional... | Read More
Ms. Berman is a shareholder in the firm's Appellate Advocacy and Post-Trial Practice Group in the Professional Liability Department and is board certified in Appellate Practice by the Florida Bar. She has litigated numerous appeals in Florida state and federal appellate courts across a wide variety of subject matters in cases involving medical malpractice, construction defect, insurance coverage, bad faith, maritime, aviation and premises liability. Ms. Berman handles the brief writing, motion practice and oral arguments. In addition to her extensive appellate practice, Kimberly provides litigation support in insurance coverage, construction defect, premises liability, professional malpractice and bad faith cases.
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Jennifer M. Guerra
Member
Stites & Harbison
Ms. Guerra's practice has focused exclusively on civil litigation and litigation-related issues, including the... | Read More
Ms. Guerra's practice has focused exclusively on civil litigation and litigation-related issues, including the appellate process, in both state and federal courts. She has represented clients in mediation, bench trials, administrative & evidentiary proceedings and motions practice.
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Alan P. Jacobus
Attorney
Alan P. Jacobus, Attorney at Law
Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage... | Read More
Mr. Jacobus' practice over the past decade has largely centered on high risk, high value insurance coverage litigation, but he comes from a broad civil and commercial litigation and trial background. He has tried jury trials to verdict in CA, IL and LA. Several of his cases have resulted in written opinions in trial courts and courts of appeal, and he has argued appeals in both state and federal courts.
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