Should attorney report malpractice lawsuit to ins co

[mtpockets]

What is the name of your state? CA

I am suing an attorney for malpractice, breach of contract, etc. Most of my damages fall under the heading of excessive fees. (I had to hire a second attorney to clean up the first attorney's mess.)

Although my former attorney has malpractice insurance, she has not reported the lawsuit to her malpractice insurance carrier and is opting to handle this herself.

This seems odd to me. I would assume that she has to report it or waive coverage. Is my assumption correct?

Can you think of a reason an attorney might do this?

Thank you in advance.

[BelizeBreeze]

Originally Posted by mtpockets

Can you think of a reason an attorney might do this?

Thank you in advance.

Yes. Maybe she'll win?

[garrula lingua]

Most of my damages fall under the heading of excessive fees

Why should she report a fee dispute to her malpractice carrier ?

[mtpockets]

The fee is only one of the issues.

[Dandy Don]

This is not a major concern of yours, so quit worrying about it. Maybe she has earned enough in financial assets that she could pay off a judgment without having to use the insurance company (just think, if she overcharged you, no doubt she was overcharging her other clients as well!!). IF she were to report this matter to them they might grossly increase her premiums.

[seniorjudge]

Q: Can you think of a reason an attorney might do this?

A: I'm with BB; you have a lousy case.

[mtpockets]

Back to question #1--is she waiving coverage if she files an answer herself?

She keep threatening to file a motion to dismiss. If she does so, and her motion is unsuccessful, can she then report this claim to her insurance carrier?

In other words, is she bluffing?

Thanks again. (Don't worry about whether I have a case. I have already lined up an expert witness who is willing to testify that my allegations constitute legal malpractice.)

[weenor]

Originally Posted by mtpockets

Back to question #1--is she waiving coverage if she files an answer herself?

She keep threatening to file a motion to dismiss. If she does so, and her motion is unsuccessful, can she then report this claim to her insurance carrier?

In other words, is she bluffing?

Thanks again. (Don't worry about whether I have a case. I have already lined up an expert witness who is willing to testify that my allegations constitute legal malpractice.)

She can report a claim to her malpractice carrier anytime. Now, whether they will provide coverage depends on the language in her policy to which we are not privy.

[mtpockets]

I thought attorneys in Calif were required to tell clients whether they have malpractice ins. If she has the right to waive coverage, then the disclosure makes no sense.

Am I wrong about the duty to advise the client regarding the existence of insurance coverage?

If you are an attorney, does your policy allow you to handle the case yourself for awhile, and then bring in the insurance company?

Thanks again.

[stephenk]

That has not become the law in California. It is still pending.

Again, why do you care if she reports it to her carrier?

[mtpockets]

I have strong evidence of fraud. If no insurance company is involved, I have nothing to lose by focusing on this aspect of the case.

There are other issues, however. I could choose not to make an issue of the fraud if there is an insurance company involved.

That is why I am asking about a requirement to report or waive coverage. If coverage has been waived, then there is no reason not to go forward on the fraud issue.