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WWM Wins Summary Judgment in the United States District Court for the District of New Jersey

WWM attorneys Robert Conlon and Christopher Wadley won summary judgment on behalf of WWM’s client, a professional liability insurance carrier, in the United States District Court for the District of New Jersey. WWM’s client filed a declaratory judgment against a law firm and attorney, whom WWM’s client insured under a legal malpractice liability policy. WWM’s client sought a declaration that its insureds were not entitled to coverage for an underlying legal malpractice claim filed against them because the insureds had reason to foresee the claim prior to purchasing the policy. The insureds, on the other hand, argued that they could not have reasonably foreseen the claim when they purchased coverage. In ruling on the parties’ cross-motions for summary judgment, Judge Noel L. Hillman sided with WWM’s client, finding that the insureds could have reasonably foreseen the malpractice claim, as a matter of law. Therefore, Judge Hillman held that the insureds were not entitled to coverage under the policy. Westport Insurance Corporation v. Jacobs & Barbone, P.A., et al., No. 1:08-cv-00801 (D.N.J. March 31, 2009).




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