Peter J. Biging, Author at Professional Liability Matters

January 8, 2025 Law Practice Management

Peter J. Biging and Guests Discuss the Art of Mediation in 4th Episode of ‘The Precipice’ Podcast Series

Peter J. Biging, partner and co-chair of Goldberg Segalla’s Management and Professional Liability practice group, hosts the fourth episode of “The Precipice,” a podcast series presented by the Professional Liability Underwriting Society (PLUS).

The guests for this episode include Mark Bunim, arbitrator and mediator for Case Closure LLC, Jennifer Lupo, managing member for Lupo Law, Arbitration & Mediation LLC, and Theo Cheng, arbitrator and mediator for ADR Office of Theo Chang.

LISTEN TO THE FULL PODCAST HERE: “PLUS Podcast: The Precipice Episode 4,” …

July 17, 2024 Law Practice Management

“The Precipice” Podcast Discusses Lawyers Professional Liability

The must-listen podcast for all things management and professional liability, “The Precipice,” is back for the third episode of the series. “The Precipice,” hosted by Goldberg Segalla partner Peter J. Biging and presented by the Professional Liability Underwriting Society (PLUS), is a tremendous resource for professionals through in-depth conversations with industry leaders, claims experts, and top attorneys involved in handling management and professional liability claims.

On the third episode of “The Precipice,” Peter is joined by Megan Zurn, a claims manager for AXA XL’s commercial …

May 29, 2024 Cyber-Liability

“The Precipice” Podcast Delves Into Rapidly Evolving Cybersecurity Risks

The new, must-listen podcast for all things management and professional liability, “The Precipice,” is back for the second episode of the series. “The Precipice,” hosted by Goldberg Segalla partner Peter J. Biging and presented by the Professional Liability Underwriting Society (PLUS), is a tremendous resource for professionals through in-depth conversations with industry leaders, claims experts, and top attorneys involved in handling management and professional liability claims.

On the second episode of “The Precipice,” Peter is joined by Kelly Geary, managing principal with EPIC Insurance Brokers …

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March 12, 2024 Miscellaneous Professionals

Navigate the Complex World of Management & Professional Liability with “The Precipice” Podcast

For professionals concerned about the evolving landscape of management and professional liability, there is a new resource you will not want to miss: “The Precipice” podcast, hosted by Goldberg Segalla Partner Peter J. Biging, and presented by the Professional Liability Underwriting Society (PLUS). “The Precipice” offers in-depth conversations with industry leaders, claims experts, and top lawyers involved in handling management and professional liability claims.

On the first episode of “The Precipice,” Peter explores the management and professional liability challenges unique to modern attorney advertising, with …

February 15, 2024 Miscellaneous Professionals / Risk Management

Recent Agent Breach of Contract Decisions of Note

As part of Goldberg Segalla’s commitment to client-focused service and ensuring you are kept apprised of the latest rulings and trends that could impact your profession, we would like to call your attention to two recent New York Appellate Division decisions relevant to the issue of insurance broker Errors and Omissions (E&O).

The first matter is an Appellate Division, Second Department decision (Ewart v. Allstate Ins. Co., 2023 BL 477206 (N.Y. App. Div., 2^nd Dep’t, Nov. 29, 2023) affirming dismissal of a breach …

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August 3, 2023 Cyber-Liability

Insurance Brokerage Wins Summary Judgment in Lawsuit Triggered by Cyberattack

A lawsuit that included allegations ranging from gross negligence to false and deceptive advertising over nearly three decades, brought against a major international insurance brokerage represented by Goldberg Segalla, has been dismissed by a New York court.

The case stemmed from a cyberattack and social-engineering scheme that resulted in the loss of nearly $3 million sustained by the plaintiffs — a high net-worth couple and the charitable foundation they ran — who after they were targeted realized they had virtually no insurance to cover their …

April 8, 2019 Agents and Brokers

Duty to Read Defense

While the vast majority of states hold that an insurance broker cannot be absolutely shielded from his negligence in procuring coverage to the extent the insured failed to read the policy, there are still a few states where the “duty to read” can provide an absolute defense. One of those states is Mississippi. In a recent decision issued by the U.S. District Court for the Northern District of Mississippi, this rule was applied in a decision dismissing the case from federal district court based on …

January 7, 2019 Agents and Brokers

Is There a Duty to Advise?

The Alabama Supreme Court recently issued what could turn out to be an important decision on the duty to advise. The court in Somnus Mattress Corp. v. Hilson, 2018 WL 6715777 (Ala. Sup. Ct. Dec. 21, 2018) affirmed a decision dismissing claims against an insurance agent for alleged negligence in failing to advise a mattress manufacturer to purchase business interruption loss coverage. While the plaintiff manufacturer argued that the agent should be held responsible for the uninsured loss he suffered following a fire that destroyed …

December 10, 2018 Agents and Brokers

Duty to Advise & Special Circumstances

The North Dakota Supreme Court recently affirmed the dismissal of a negligent failure to advise claim based on the failure to establish “special circumstances.” The decision is a nice win for insurance agents and brokers.

In Dahms v. Nodak Mutual Ins. Co., 2018 WL 6380779(Sup. Ct., North Dakota, Dec. 6, 2018), plaintiffs were homeowners who had afire that destroyed their garage and an “elaborate deck” they had constructed on it. While their homeowner’s policy provided coverage for the loss, the policy had separate limits …

September 4, 2018 Employment Practices Liability

#MeToo & Securities Class Action Suits

There is a growing phenomenon of securities class action and shareholder derivative suits arising from the #MeToo movement. Specifically, these suits address the alleged failure of corporations to disclose in public filings and/or prevent sexual harassment by corporate officers and directors. Moreover, the suits allege a corporate culture permitting such conduct to be engaged in. The latest suit targets a well-known pizza chain.

In the most recent example of this continuing trend, on August 30, 2018 a federal securities class action lawsuit was filed in …