9th Circ. Leaves Insurer On Hook In Legal Malpractice Case

Law360 (February 19, 2019, 10:28 PM EST) -- The Ninth Circuit has ruled that Liberty Surplus Insurance Corp. must help defend a lawyer who was accused of malpractice twice in two different policy years, saying the later policy covers the underlying case.

The appeals court on Friday affirmed a lower court’s finding that Liberty owes another insurer half the defense costs for lawyer J. Wayne Allen, formerly of Berger Kahn ALC and Buchalter PC.

Clients sued Allen in a probate case in the 2009-2010 policy period, but those claims were not reported to Liberty. The same clients then filed a civil suit against Allen and others in the next...

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