The landscape of insurance coverage in this era of the COVID-19 Pandemic is likely to change as insurance lawsuits are being filed to determine scope of insurance coverage. Meanwhile, in direct response to COVID-19, several states are attempting to modify Commercial General Liability (CGL) Insurance policies through legislation to provide coverage, particularly business interruption insurance, post hoc-after the fact. President Trump has commented that businesses have paid premiums for business interruption insurance for years and relief should be available to insureds. It is important for businesses to take precautionary measures to preserve whatever coverages might be available, especially as the case law and legislation changes to meet the COVID-19 pandemic.
There may be a double “whammy” in being a legal malpractice defendant. In addition to being a defendant, the plaintiff may be obligated to report you to the Attorney Registration & Disciplinary Commission (ARDC) if the alleged malpractice misconduct violates Rules 8.3(a), 8.4(b) or (c) of the Illinois Rules of Professional Conduct (“Rules”). This mandatory reporting heightens the stakes of any malpractice claim and may complicate the defense of the case.