Professional Liability
Thomas Rubin & Kelley PC defends professionals and their errors and omissions carriers in negligence and malpractice claims throughout Arizona. Our practice includes defense of accountants, architects, engineers, attorneys, insurance agents, and brokers. Our attorneys understand the technical standards of care applicable to each profession and work closely with professional expert witnesses to evaluate and defend complex malpractice claims. We represent both professionals directly and the insurance carriers that insure them, from initial investigation through trial or resolution.
Professions and Claims We Defend
We defend claims alleging that a professional breached the applicable standard of care, along with related claims for breach of contract, breach of fiduciary duty, and negligent misrepresentation. Examples include accounting and tax advice claims, design and engineering errors on construction projects, legal malpractice claims arising from litigation and transactional work, and claims against insurance agents and brokers for failing to procure requested coverage.
Claims against design professionals frequently arise within larger construction cases. Thomas Rubin & Kelley PC coordinates that defense with its construction defect practice so that the professional's distinct standard of care is not lost among the trade contractors.
Our Approach to Professional Liability Claims
Our attorneys review the engagement, the work product, and the communications between the professional and the client to establish what was promised, what was done, and where the alleged error lies. That review supports an early case evaluation of liability, causation, and damages.
The insured professional usually understands the technical issues better than anyone involved in the case, so the firm works closely with the insured and retains standard of care experts from the same profession. We examine causation as carefully as breach, because some claims fail when the loss would have occurred regardless of the alleged error.
Reports address the standard of care, causation, damages, and any consent-to-settle provision in the policy. The firm keeps the insured professional informed throughout the case.
Many professionals want to defend their work in court. Thomas Rubin & Kelley PC prepares each case for trial and gives the carrier and the insured a clear assessment of trial risk and settlement value.
Issues That Shape Professional Liability Cases
Expert testimony on the standard of care is central to nearly every professional liability claim. Our attorneys evaluate the claimant's compliance with the expert certification and preliminary affidavit procedure under A.R.S. §12-2602 at the outset, and we challenge expert opinions that do not fit the profession at issue.
Timing is a frequent battleground. We investigate when the client first learned of the alleged error and raise limitations defenses where the record supports them. In claims that arise out of an engagement agreement, we also account for attorneys' fee exposure under A.R.S. §12-341.01 in settlement discussions.
A client's own decisions frequently contribute to the claimed loss, and we develop evidence of that conduct so a jury can weigh it against the professional's. For further reading on the negligence principles involved, see Common Law Negligence & Defenses.
Insurance Agent and Broker Claims
Claims against agents and brokers usually arise after a loss is denied or only partly covered. Defending these claims requires an understanding of the underlying coverage, which our insurance coverage counseling practice provides, as well as the agent's actual duties to the customer.
These claims frequently depend on what the customer requested and what the agent said in response, so the firm gathers the application, the agency file, and any emails or notes of conversations early in the case.
Assigning a Professional Liability Matter
Errors and omissions carriers and insured professionals can assign a claim by telephone, (602) 274-8289, or in writing through the firm's contact page.