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GTTC Obtains Favorable Ruling on "Prior Knowledge" Requiring Carrier to Defend Insured in Professional Negligence Litigation

May 25, 2017

The Western District of Washington denied an insurer’s summary judgment motion arguing it did not have a duty to defend an attorney sued for professional negligence because a prior court order should have caused the attorney to foresee that the professional negligence claim likely would be filed. The court found that whether the policy’s “prior-knowledge” terms were breached raised at least a genuine issue of material fact, and, as a result, the insurer must continue defending its insured. GTTC attorneys Susannah Carr and Michael Brown represent the insured.

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