London Fischer LLP
Offices:   New York / New Jersey   (212) 972-1000  ยท   Irvine, California  (949) 252-0550
PROFESSIONAL LIABILITY PRACTICE

London Fischer LLP's expertise in professional liability insurance includes defending professional liability claims, representing professional liability insurers in declaratory judgment actions, preparing policy forms and endorsements and advising insurers on the relative risks of underwriting various professional activities. We are experienced in defending errors and omissions claims against attorneys, architects and engineers, directors and officers, insurance brokers and agents, accountants, custom house brokers and freight forwarders, and physicians.

In our experience, the successful defense of any professional liability action requires the early establishment of a resolution strategy which identifies the key legal and factual issues in the case. Insured professionals are keenly interested in their defense and must be kept informed and satisfied on the direction and progress of the matter at every stage of the litigation process. If a case should be settled, defense counsel must be capable of convincing the insured of the reason for an economic rather than an emotional disposition of the claim. If a case should be tried, it must be fully prepared on the issues of the professional malpractice and, in the case of a legal malpractice claim, the allegations of the underlying "case within the case."

Our directors and officers liability practice handles cases for Chubb and for Reliance. Our work in this area has included the defense of directors and officers of the United States Swimming Association in the highly publicized Jessica Foschi case. This case concerned a young swimmer from Long Island sanctioned by the Swimming Association for allegedly using steroids. We have also written D&O policies and we act as coverage counsel for insurers on D&O claims.

Our experience in legal malpractice matters includes the defense of attorneys and law firms in state and federal court litigation and before disciplinary committees. We have represented insureds in cases where the underlying substantive claims have included the following areas of law: real estate, bankruptcy, banking, savings and loan associations, intellectual property, international law, SEC initial public offerings and other securities matters, tax shelters, theft from clients' trust funds, underlying criminal defense, products liability and personal injury.

We recently litigated for a reinsurer of legal malpractice programs. The issues involved a challenge to the underwriting and claims handling of lawyers' professional liability insurance programs in California, Michigan, Louisiana and Arizona during the period from 1982 through 1985.

Our firm's deep experience in the arena of insurance broker liability is illustrated by our continuing defense of an international insurance broker in the highly publicized film finance litigation. In the first two (2) cases decided thus far, we have secured the dismissal of our client from the insurers' claims of misrepresentation, non disclosure and fraud. Annexed as Exhibits "5" and "6" respectively are our winning decisions from the New York and California courts in these cases.

Representation of architects and engineers is handled by our attorney team which includes attorney engineers. Various of our attorneys have college level engineering degrees. We have established cutting edge law for the design community. Attached are two cases which established important defenses for architects in New York State. The first was in 1996. The second was in 1997.