Attorney Fails To File Injunction For Commercial Dispute


Commercial Law ExpertThis is a legal malpractice claim involving a plaintiff who was evicted from a commercial property he rented. The plaintiff had rented an office space for an extended period of time when she was evicted because the landlord determined she did not have the proper renters insurance. He hired an attorney, the defendant, to represent him but the attorney treated the case as a residential dispute rather than a commercial dispute. The attorney did not file a Yellowstone Injunction and as a result, the plaintiff’s case did not succeed. It was alleged that the plaintiff was not properly represented by his attorney. An insurance expert was sought to discuss whether or not the policy the plaintiff had was sufficient to cover her tenancy and to opine on whether or not he actually violated the terms of the lease.

Question(s) For Expert Witness

  • 1. Please describe your experience handling commercial general liability Insurance policies similar in scope to the one described in this case.
  • 2. Could you discuss whether or not the policy that the plaintiff had was sufficient to cover tenancy?

Expert Witness Response E-078466

I have 37+ years of experience in insurance claims as an adjuster, claims supervisor, claims manager, home office claims examiner, home office claims manager, assistant vice president, vice president, and senior vice president of claims. I have spent 10 years of my career focused exclusively on commercial general liability claims. I have experience handling claims involving commercial general liability policies. Based upon the information provided, it is difficult to determine whether or not the policy the plaintiff had was sufficient to cover tenancy. Generally, a commercial general liability policy should be sufficient to address any liability exposure. Again, in general, it would be insufficient to cover any property (first party) exposure for damage to property owned or in the tenants care, custody or control. As a former insurance company claims handler, supervisor, manager, and executive, I have been involved in many coverage cases involving the commercial general liability and would be happy to assist on the case.

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