In a case that raises the question of what constitutes adequate notice of a potential claim to a legal malpractice insurer, a Philadelphia attorney has sued his former insurance carrier in federal court, alleging it improperly denied him coverage for failure to report a claim even though he had notified it by phone nearly two years earlier that he might be sued by a client who was hit with a default judgment.

According to correspondence from the insurer attached as exhibits to the complaint, it denied coverage because plaintiff Harry J. Giacometti Jr. never followed up his phone call with a written report providing more details about the potential claim.