4th DCA Revives Malpractice Suit Against Conroy Simberg

, Daily Business Review

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Judge Cory Ciklin
Judge Cory Ciklin

The Fourth District Court of Appeal revived a legal malpractice case today against Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer and two of its attorneys.

Arrowood Indemnity Co., an construction underwriter, retained Hollywood-based Conroy Simberg as coverage counsel in 2005 when its client was sued by Estoril Inc., the builder of a condominium construction project.

In 2007, Arrowood dismissed Conroy Simberg and retained other counsel.

In 2012, Arrowood sued Conroy Simberg for legal malpractice, claiming the firm breached its duty of care in various ways. Arrowood alleged that had Conroy Simberg not been negligent, the insurance company would have settled for at least $1 million less than the $4.8 million it paid, and it would have saved more than $1 million in legal fees.

The trial court accepted Conroy Simberg's argument that Arrowood filed suit after the statute of limitations expired, which the law firm claimed began to accrue when the settlement agreement was executed.

Fourth District Judge Cory Ciklin, however, said the statute of limitations did not begin to run until Arrowood knew what its actual damages were, and that didn't occur until the settlement was final.

The case was remanded to Broward Circuit Judge John Bowman.

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