Insurance Related Legal Malpractice Claims
With increasing frequency, lawyers who provide legal advice regarding insurance coverage are being sued by both insureds and insurance companies in legal malpractice actions alleging that the lawyer provided incorrect insurance coverage advice. In some cases, lawyers who have been retained by insurance companies have been sued for RICO violations in a corresponding bad faith lawsuit that has been brought against the insurance company based upon a denial of coverage in which the lawyer provided legal coverage advice. In other instances, lawyers are sued by their clients for falling below the standard of care in dealing with insurance companies regarding the tender of claims for coverage. In these type of claims, it is important to have a legal malpractice expert consultant who understands the insured and insurance company inter-relationships with their lawyers. Throughout Mr. Plitt’s legal practice career, he has represented insurance companies in providing coverage advice and in the management of claim tenders, investigation, and claim resolution. Mr. Plitt understands the legal standard of care in these types of errors and omissions situations. Given Mr. Plitt’s extensive experience as an insurance coverage lawyer and his immense knowledge of insurance coverage issues nationwide, Mr. Plitt is uniquely situated to analyze and evaluate the conduct of coverage counsel in determining whether counsel has complied with the applicable standard of care.
Mr. Plitt’s experience also extends to the management of the tripartite relationship that exists in third-party liability cases between the insured, the insurance company and the lawyer retained by the insurance company to represent the insured’s interests in the litigation. In assessing the attorney’s compliance with the applicable standard of care in representing the insured’s interest, Mr. Plitt can offer insightful and necessary legal analysis based upon his experience as a trial lawyer who has tried cases to both state and federal court juries.