Professional Liability/Errors & Omissions Litigation

KCESD’s professional liability practice encompasses both direct defense of professionals and representation of insurers’ interests in connection with their issuance of professional liability coverage.

Several KCESD attorneys have extensive experience in defending attorneys, accountants, insurance brokers, securities brokers, architects, engineers, real estate agents/brokers, and other professionals in malpractice actions. We negotiate, arbitrate, and litigate professional indemnity insurance coverage issues, and act as supervising and coverage counsel for insurance carriers on national professional liability programs. Some of the issues include prior awareness, retroactive date issues, aggregation of interrelated claims, "other insurance" clauses, rescission, and intentional acts exclusions.

We provide advice and counsel to insurers on management of professional liability programs, and assist in policy drafting and negotiation of manuscript policies for major programs. We believe it is our responsibility to manage and litigate claims creatively and proactively to control the costs of such programs, while effectively defending professionals who take pride in their work.

We also provide "hot line" risk-reduction counseling, and other services, for insured professionals.