A law firm obtained malpractice (E&O) coverage with an insurer without properly disclosing a circumstance that could rea
Posted: Thu May 05, 2022 7:38 am
A law firm obtained malpractice (E&O) coverage with an insurer without properly disclosing a circumstance that could reasonably give rise to a claim. Following policy inception, the circumstance materialized into a claim. Thereafter, the law firm tendered the matter to the insurer for indemnification (coverage) purposes. Is there a basis for fraudulent misrepresentation (please define and analyze)? If so, what remedy might be available to the insurer?