Professional Liability
R+C Litigators have experience litigating and defending professional liability claims (aka: errors and omissions claims) involving breach of conduct, breach of fiduciary duty, malfeasance, self-dealing, non-disclosure, shareholder suits over company performance or company stock performance, failure to comply with regulations and laws, employment practices and company mismanagement.
E&O Claims
R+C Litigators have experience defending errors and omissions (E&O) claims brought against insurers, agents, brokers, managing general agents (MGAs), producers and underwriters and other insurance professionals. An insurance agent’s/local; broker's main task is to properly and thoroughly identifying a client’s risks and advise the Insured of available insurance coverages and limits to adequately cover those risks. When an agent/broker provides poor risk analysis or fails to ask the right follow up questions after reviewing the Insured's application, the Insured may find themselves underinsured or not insured at all for certain events. If the Insured believes the agent/broker or underwriter was at fault, they will usually sue all of them seeking to shift their financial burden resulting from their lack of coverage.
D&O Claims
R+C Litigators have defended officers, directors, associations and senior management members in D&O claims. Exclusions typically found in a D&O policy include: (i) fraud; (ii) personal profiting; (iii) accounting of profits; (iv) illegal compensation; (v) pending and prior litigation; (vi) prior and/or untimely claim notice; (vii) intentional acts for bodily injury/property damage; and (viii) insured versus insured claims, among other potential exclusions. A company’s bylaws or articles of incorporation may provide certain protections to officers and directors, including indemnification.