That is the question at the heart of the Fourth Circuit’s 2-1 unpublished disposition today in Minnesota Lawyers Mutual Insurance Company v. Batzli. The case is a dispute between an insurance company and its insured over whether the insured complied with a notice requirement in the policy. That dispute turns on the question of when the insured could anticipate that a claim for legal malpractice might be brought against him for a drafting error known to him and his client. A jury ruled for the insured, and Judge Hudson (EDVA) denied the insurance company’s renewed motion for judgment as a matter of law. The Fourth Circuit affirmed Judge Hudson. The appellate court’s decision is fact-specific. Of potential interest to those who follow the Fourth Circuit is the voting breakdown. Judge Wynn wrote the opinion for the court, joined by Judge King. Judge Shedd authored a dissent.
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When Should a Lawyer Who Mistakenly Drafted a Divorce Agreement Expect to Be Sued For Legal Malpractice?
August 4, 2011 by Kevin C. Walsh