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Article: Malpractice claims by primary and excess insurers: is the honeymoon over?
- Article from:
- Defense Counsel Journal
- Article date:
- January 1, 1995
- Author:
CopyrightCOPYRIGHT 1995 International Association of Defense Counsels. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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THE elements of legal malpractice are the same as for any other type of negligence action--duty, breach, causation and damages. "An attorney who fails in his duty, causing actual loss to the client, is liable for the damages sustained." The duty to the client is breached by failing to exercise the knowledge, skill, and ability ordinarily possessed and exercised by members of the legal profession similarly situated.(1)
While generally an attorney's duty of care is owed only to the client, courts have extended the duty to third parties in certain circumstances, considering these factors: (1) the extent to which the transaction was intended to affect the third party; ...