'Prior Knowledge' Bars Legal Malpractice Insurance Coverage

A lawyer who was sanctioned for discovery violations and later lost a case when the court barred him from presenting critical expert witnesses should have known his client would have "no other recourse but to file a legal malpractice suit, if she lost the appeal," a federal judge in Philadelphia has ruled. Judge Robert F. Kelly's ruling enforced a "prior knowledge" exclusion in a "claims made" legal malpractice policy.

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