Nevada Partner Prevails in Professional Liability Claim Against Broker

Las Vegas attorneys and Partner Marisa A. Pocci Carney obtained a final summary judgment ruling from the Eighth Judicial District Court in Clark County, Nevada on behalf of our insurance broker client in a professional liability matter that involved an insurance coverage dispute following a fire loss.

Plaintiffs, Nevada businesses in the technology sector, claimed a loss of more than $2 million due to a fire in 2016 that occurred at their office/warehouse. Following the fire, Plaintiffs’ insurance carrier denied a large part of Plaintiffs’ claim. In addition to suing the insurance carrier, Plaintiffs sued our client for breach of agency relationship and malpractice, alleging that our client failed to procure the appropriate insurance coverage. Plaintiffs’ claimed damages were well in excess of $1 million.

In 2020, our attorneys filed a motion for summary judgment based on our argument that Plaintiffs failed to establish a special relationship with our insurance broker client, which is required to trigger the heightened standard of care relied upon by Plaintiffs. Our attorneys also argued that the applicable standard of care for Plaintiffs’ claim of malpractice against our client was not supported by an expert opinion, as required in Nevada.

Following extensive initial and supplemental briefing requested by the District Court, the Court ultimately granted our motion in its entirety and entered summary judgment in favor of our client. Due to various timing issues, and in part due to COVID-related hearing continuances and procedural issues in this case, the granted summary judgment did not become a final, appealable ruling until July 2022. In August 2022, when the time for Plaintiffs to appeal the summary judgment ruling expired, the Court’s ruling in favor of our client became final.

Marisa has significant experience representing companies across a wide range of industries in areas of law that include construction defect, professional liability, personal injury, wrongful death, and other general liability matters. She is currently the managing partner of Litchfield Cavo’s Nevada office.