Mealey's Insurance - Whether Malpractice Claim Was Foreseeable Is Fact Question For Jury, Judge Rules

Mealey's Insurance - Whether Malpractice Claim Was Foreseeable Is Fact Question For Jury, Judge Rules

HOUSTON - A Texas federal judge on June 24 found that whether a malpractice claim against a law firm insured was foreseeable is a question of fact appropriate for a jury, denying motions by a professional liability insurer, the insured and an intervenor on the issue of whether the prior knowledge exclusion bars coverage (OneBeacon Insurance Company v. T. Wade Welch & Associates, et al., No. H-11-3061, S.D. Texas; 2014 U.S. Dist. LEXIS 85486).

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