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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!