Ruberry, Stalmack & Garvey, LLC has been at the forefront of
advising and representing professional liability insurers in
matters all across the country. We have litigated a wide spectrum
of coverage issues which arise under professional liability
policies, including: trigger of claims-
made/claims-made-and-reported policies, application of
prior-knowledge and prior-notice provisions, prior-loss issues,
application of the definition of a "wrongful act," recission based
upon prior knowledge of wrongful acts, application of related acts
provisions, and the "illegal profits" exclusion.
Our experience in these areas allows our attorneys to utilize
targeted discovery designed to obtain information directly relevant
to the coverage issue. This strategy has allowed us to successfully
move for summary judgment on numerous occasions and, thus, resolve
the coverage issues in favor of the carrier in a cost-effective
manner. In matters where the coverage determination depends upon
resolution of factual questions, our trial team has extensive
experience in posturing these issues before a judge or jury in
order to obtain a successful resolution for our clients. Our
attorneys are equally adept at providing opinions with respect to
insurers' coverage obligations under professional liability
policies.
We have also represented insured professional organizations
against liability claims. We recognize the importance of a
professional's reputation and the potential adverse impact that
even baseless litigation can have. We work closely with our
professional clients to dispel the common misperception that
professionals are absolute guarantors of good results. Our
clientele includes: accountants, actuaries, agents, appraisers,
architects, attorneys, bankers, brokers, directors, engineers and
officers.
Together, we have developed successful strategies to persuade
juries to evaluate professional conduct by more reasonable
standards. Moreover, our group is at the forefront of advocating
novel theories on behalf of professional defendants, including
extending the Economic Loss Doctrine as a defense to tort claims
and limiting the basis for, and extent of, punitive damages
awards.