A Caldwell, N.J., lawyer has sued his malpractice carrier for failing to indemnify him in connection with a court order to return part of a $100,000 retainer he was paid by his ex-client—a disbarred attorney who demanded a refund when anticipated criminal charges over the misappropriation of client funds never materialized.
Attorney Patrick Toscano Jr. is seeking a declaratory judgment that Pro Assurance Casualty Co. should cover an order calling for him to reimburse the unused portion of the retainer to his ex-client. Toscano’s firm filed the suit in Essex County Superior Court in December and the insurance company removed it to federal court in Newark on Jan. 11.
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