Professional Liability/Errors & Omissions

WWM’s attorneys have a national reputation among professional liability insurers, domestic and international, for defending coverage claims and handling direct liability cases. We are equipped to handle claims against solo practitioners and national firms. Our professional liability team has successfully handled a wide variety of claims for lawyers, insurance agents and brokers, architects and engineers, financial planners and investment advisors.

We are experienced in drafting policies, claims handling and program management, as well as analyzing, mediating, arbitrating, litigating and trying coverage disputes. We recommend reserves and provide monthly bordereaux, make presentations to domestic and international clients on legal developments, loss avoidance and claims handling and have addressed national organizations such as the American Bar Association’s bi-annual National Legal Malpractice Conferences.

In a representative matter, WWM’s attorneys won an appeal on behalf of a professional liability insurer in the U.S. Court of Appeals for the Ninth Circuit. WWM was assigned the case after a trial court ruled that the insured attorney was entitled to coverage for an underlying legal malpractice claim filed against him. The Ninth Circuit reversed, finding an exclusion in the policy that barred coverage for claims reasonably foreseeable when the insured purchased insurance. The Court of Appeals ruled further that the insurer was not required to prove prejudice for untimely reporting.

In a recent matter, WWM obtained summary judgment on behalf of a civil engineer in a case arising out of the construction of a sanitary sewer for a real estate development. The municipality rejected the sewer based on defects discovered following a videotape inspection. The contractor replaced the sewer and sued the developer, who in turn sued the design engineer. The court found that the engineer was not liable to pay for the replacement work or any related losses.