The Latest Professional Liability Decisions – Goldberg Segalla’s Professional Liability Monthly Now Available

Please click here for the latest edition of  Professional Liability Monthly. Goldberg Segalla’s Professional Liability Monthly provides timely analysis of court decisions from across the country concerning professional liability. Cases are organized by topic, and where available, hyperlinks to the full decisions are included. In addition, we highlight the latest news impacting the professional liability community. If you would like to receive future editions of Professional Liability Monthly directly by email, please contact Brian Biggie at[email protected].…
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Cybercrime Strikes Target Corp

Target Corporation, the nation’s number two general retailer (after Wal-Mart), was recently the center of a cybercrime attack that may have compromised as many as 40 million credit and debit card accounts. Target revealed that a third-party had breached its security safeguards during the height of the holiday shopping season and gained access to private customer data, including shoppers’ names, credit card numbers, expiration dates, and three-digit security codes. This highly publicized debacle highlights the risks of cyber exposure.
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Special Edition: Professional Liability Monthly Compendium 2013

Click here for this special edition of the Professional Liability Monthly Compendium 2013. We have compiled all the Featured Articles from the past year along with the year’s most popular blog posts.. For your convenience, we have linked each author’s name in the newsletter to their online biographies in the event you would like more information regarding the article or post. We encourage you to share the publication with your colleagues. If others in your organization are interested in receiving the publication, please contact…
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Professional Liability Monthly – December Edition is Now Available

Featured headlines in this edition of Professional Liability Monthly:
  • No Breach of Fiduciary Duty Where the Plaintiff Alleged That the Defendant Insurance Agency Procured an Inadequate Policy
  • Disclosure of Medical Records From Patients Other Than the Plaintiff Denied by Court
  • Improper Reference to Smoking History in Medical Malpractice Case Leads to New Trial
  • Expert Gastroenterologist Should Have Been Permitted to Testify as to Causation
  • Dispute Over Date of Discovery of Actionable Harm Prevents Defendants From Obtaining Summary Judgment
  • A Defendant’s Counterclaim Alleging Legal Malpractice

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Cases for Professional Liability Monthly – December 2013 Edition

The below cases correspond with the December edition of Professional Liability Monthly and the analysis of each case. Click here for access to the newsletter. Cases are provided courtesy of LexisNexis. BECK & BECK, LLC v. COSTELLO LYKES V. YATES MICHAUD V. HAUSER SEVEN BRIDGES FOUND v. WILSON AGENCY SUTCH V. ROXBOROUGH MEM’L HOSPITAL WARD V. RAMSEY  …
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Who Can Sue Me? Liability to Non-Clients

Generally an attorney only owes a duty of care to her client. Thus, a predicate to a meritorious legal malpractice action is the existence of an attorney-client relationship. But, identifying this relationship and determining to whom that duty extends is not simple. A recent decision demonstrates that an attorney may be exposed to malpractice based on the expectations of non-clients.
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When Does a Professional Liability “Claim” Arise?

Professional liability insurance policies cover professionals for claims arising within the agreed upon policy period. At first blush this appears to be a relatively simple concept but there is plenty of room for confusion which can result in a lack of coverage. What is a claim? The fact that a lawsuit was filed within a policy period does not necessarily mean that the “claim” giving rise to the lawsuit is covered under a PL policy. A perfect example of this issue was presented to the court earlier this month in Regency Title Co. v. Westchester Fire Ins., (E.D. Tex. Nov. 15, 2013) during which the USDC for the Eastern District of Texas considered the date on which a claim arises for purposes of triggering coverage.
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