5th Circ. Sides With Insurer In Legal Malpractice Spat

Law360, New York (March 1, 2010, 1:34 PM EST) -- Byrd & Associates PLLC has lost a bid in federal appellate court to force Evanston Insurance Co. to pay for a legal malpractice suit that stemmed from an error predating the effective date of the personal injury firm's policy.

The U.S. Court of Appeals for the Fifth Circuit affirmed on Friday the dismissal of Byrd & Associates' suit against Evanston, which sought indemnification and defense for a legal malpractice action brought by former clients.

The Fifth Circuit agreed that a prior acts exclusion in the policy...
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