So this is interesting, from a couple of perspectives. The First Circuit Court of Appeals has issued a fairly comprehensive opinion addressing a number of issues in insurance coverage law in Massachusetts. The facts are a little salacious, and read more like a John Grisham plot than real life, but unfortunately, odd facts often underlie
Coverage for Professional Services
Cyber Insurance for Cyber Risks
I have maintained a healthy interest in cybercrimes, cyber risks and related liability exposures, for at least two reasons central to the topics of this blog. The first is that, other than credit card companies, probably no one holds more protected personal information than the entities involved with ERISA plans, from health insurers to mutual…
A Good Reason to Read Your Insurance Policy
By Stephen Rosenberg on
Wow. This is a fascinating insurance coverage story – I know, people who don’t practice in that area will email me in droves to tell me there is no such thing, but still – that illustrates some important points. It is the story of the corporate officer of a juvenile facility that was involved, apparently…
Niche Insurance and Government Investigations
By Stephen Rosenberg on
Posted in Coverage for Professional Services, Industry News
I had two different, perhaps more substantive things in line to talk about today, but I think I am going to push them back to later in the week, to instead pass along a highly entertaining article (at least to people who really like the ins and outs and oddities of the insurance industry) that…
Insureds, Prior Knowledge and Insurance Coverage
One of the more ambiguous and gray areas in insurance coverage law is the question of when an insured is or should be aware that a claim is on its way. The law recognizes that this can certainly occur at some point before the insured actually is handed suit papers by a process server, but…
The First Circuit on Professional Liability Insurance
What SCOTUSBLOG does for the Supreme Court – maintaining a steady and running review of goings on at the high court – Appellate Law and Practice does for the First Circuit, only with a little more humor and quirkiness than SCOTUSBLOG employs. A regular check of Appellate Law and Practice ensures that you don’t miss…
Insurance Coverage for Pension Plan Fiduciaries
There is an interesting interrelationship between the two primary subjects of this blog, ERISA litigation and insurance coverage, and one that I had not really thought much about until Rick Shoff, who works with Mike Pratico over at CapTrust Financial Advisors, raised it in a conversation recently. As I have mentioned in the past,…
Legal Malpractice and Professional Liability Policies
If an attorney gets duped into executing a check and distributing its proceeds as part of an elaborate fraudulent check scheme – an act which will then of course inevitably get him sued – is he covered for that act under his professional liability coverage? A Massachusetts Superior Court judge has astutely, and on the…
Professional Liability Coverage for Medical Billing Errors
There is an interesting story out of Massachusetts concerning a $1.9 million settlement entered into by a physician related to allegedly fraudulent medical billing; the article is at http://www.masslawyersweekly.com/ (subscription required for the full article). In fairness and to be accurate, note that the physician denies the charges and has stated that the real problem…