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Tuesday, April 02, 2013

Ind. Decisions - 7th Circuit decides one Indiana case today

In KORANSKY, BOUWER & PORACKY, P.C. v. THE BAR PLAN MUTUAL INSURANCE CO. (ND Ind., Lee), a 25-page opinion, Judge Manion writes:

The law firm of Koransky, Bouwer & Poracky, P.C. represented a potential buyer in the purchase of a Rite Aid drugstore located in Lima, Ohio. Buyer and Seller executed the sales contract separately. Koransky & Bouwer misfiled the contract executed by Buyer, however, and Seller subsequently attempted to rescind the contract—which it characterized as an offer—because it had not timely received a copy of the contract executed by Buyer. When Seller’s efforts to avoid the purported contract ultimately proved successful, Buyer sent a “formal notice of claim” to Koransky & Bouwer. The law firm, in turn, sought coverage from its professional liability insurer, but that insurer concluded that Koransky & Bouwer was not entitled to coverage because it failed to properly notify the insurer of the mistake that ultimately led to the malpractice claim. Koransky & Bouwer filed suit in federal court for a declaratory judgment that the law firm was entitled to coverage, and both the insurer and the law firm moved for summary judgment. The district court granted the insurer’s motion and denied the law firm’s motion. Koransky & Bouwer appeals. We affirm.

Posted by Marcia Oddi on April 2, 2013 01:39 PM
Posted to Ind. (7th Cir.) Decisions