Miscellaneous Professional Liability

Practice Area

Miscellaneous Professional Liability

When the economy is down, we anticipate litigation will rise. We recognize this is the time our professional clients rely on our support. Our team of lawyers are trained to handle Miscellaneous Professional Liability matters from the claim stage, through trial and appeal. We represent professional conservators, home health care providers, insurance consultants, insurance agents and brokers, attorneys, realtors, appraisers, ERISA plan consultants, school districts and municipalities, private and public university officials, travel agents, and tanning salons. We are proud of our ability and experience in representing a broad range of professionals.

Insurance Agents & Brokers

Insurance agents and brokers work today in an increasingly treacherous environment. The internet has opened the door to some fairly sophisticated forms of insurance coverage. That’s the good news. The bad news is these new coverages have resulted in an increasingly diverse array of potential lawsuits against insurance agents and brokers, who represent themselves as having specialized knowledge.

As a result, insurance agent and broker error and omissions claim continue to grow in number and complexity. We are particularly well prepared to meet the challenges faced by the new environment presented for insurance agents and brokers. We have lawyers who are experts in this field, who have written and lectured on the topic of insurance agent and broker E&O, and who consistently achieve outstanding results in defending agents and brokers in a variety of claims. We provide an aggressive defense, often disposing of cases at the pleading stage or on summary disposition. We are highly qualified and experienced in taking cases through verdict and on appeal.

The key to our success in representing insurance agents and brokers is our understanding of the various defenses available to them. We have extensive experience in and understanding of how insurance works, how it is marketed and sold, as well as how to identify and understand coverage issues. This experience gives us a tremendous advantage in representing our insurance agent and broker clients.

We represent a wide range of clientele, from individual brokers to large managing general agents involved in the procurement of specialty or surplus lines insurance coverage throughout the world. We are attuned to the most recent, cutting edge issues for insurance brokers and agents, including legal issues arising from ERISA plans, group health plans, and offshore carriers. Our firm is an acknowledged leader in representing the interests of individual insurance agents and brokers (whether acting in the capacity of retail brokers or wholesale brokers), surplus lines brokers, specialty line brokers, general agents, managing general agents, and third-party administrators regarding virtually all types of insurance including property and casualty, professional errors and omissions, directors and officers, life and disability, individual and group health coverage, and ERISA plans.

Real Estate Professionals

Real estate transactions present a virtual minefield of potential claims against a wide range of real estate professionals. For over 30 years, our firm has successfully defended thousands of real estate professionals in every aspect of residential and commercial transactions, including real estate agents and brokers, escrow officers, title companies, appraisers, home inspectors, leasing agents, and mortgage brokers.

We have extensive experience in handling the defense of claims for professional negligence, breach of fiduciary duty, negligent misrepresentation and fraud based on alleged faulty preparation of sales documents, failure to follow escrow instructions, negligent appraisals, and the failure to properly inspect property and to disclose defects. We provide seminars on recent appellate decisions affecting real estate agent and broker liability, as well as loss prevention techniques.

We also represent clients in all aspects of the real estate industry including developers, owners, managers, buyers, sellers, landlords, tenants, contractors, subcontractors, and brokers. We pride ourselves on our commitment to providing high quality representation to our real estate professional clients.

Data Processing

Lewis Brisbois has represented a number of computer-related businesses in defense of a range of errors and omissions claims arising from claimed errors in programming, data input and hardware and software recommendations.

Nationwide Securities Litigation & Related Services

In the these volatile times, when the financial industry faces an uncertain regulatory environment, volatile markets, and a rise in consumer claims, we provide an experienced and nationally available team of litigators to efficiently and effectively protect and defend financial brokers and broker dealers from claims of financial malpractice. We have extensive experience in litigating consumer claims, with an understanding of the legal issues, rules and guidelines involved, and the financial environment in which the claim is being made. 

Our nationwide team of qualified and experienced litigators are available to represent financial members throughout the nation before the Financial Industry Regulatory Administration (FINRA) , and before most state and federal courts. These matters involve claims of negligence, misrepresentation, fraud, underperforming investments, churning, unsuitability, failure to diversify, failure to supervise, failure to use due diligence, violation of open sky laws, and numerous other allegations of error or omission by the financial representative or their broker dealer. In the past we have achieved positive results for our clients through successful negotiations by settlement, or when necessary, trial or arbitration.

Our successful representations of our clients, our broad experience in financial products, and our ability to represent our clients across the nation sets us apart from other firms in the representation of securities brokers and broker dealers in all such matters.

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