In This Issue:

Minority Grows in Shifting Burden to Attorney to Prove Lack of Collectibility
In most jurisdictions the plaintiff in a legal malpractice case must prove a judgment in an underlying case was collectible. However, in Kituskie v. Corbman, ___ Pa. ___, 714 A.2d 1027 (1998), the Pennsylvania Supreme Court made collectibility an affirmative defense, reasoning that the delay between the injury and the legal malpractice could prejudice the client's ability to produce the necessary evidence.

California Public Policy Precludes Indemnification for Malicious Prosecution
In Downey Venture v. LMI Insurance Co., 66 Cal.App.4th 478, 78 Cal.Rptr.2d 142 (1998), a California appellate court held that a general liability policy that expressly provided for defense of malicious prosecution claims did not provide for indemnification.

Illinois Court Requires Criminally Convicted Client to Prove Innocence
In Moore v. Owens, 232 Ill.Dec. 616, 698 N.E.2d 707 (1998), the court held that public policy considerations required a client in an underlying criminal case to establish innocence in order to prevail in a malpractice claim.

Minnesota Malpractice Claim Accrues When Attorney Exposes Client to Risk of Pecuniary Loss
In Herrmann v McMenomy & Severson, 583 N.W.2d 283 (Minn.App. 1998), defendant attorneys assisted plaintiff in establishing a trust and pension plan.

Public Policy Precludes Insurer From Subrogating Against Insured's Lawyer
In National Union Fire Insurance Co. v. Salter, ___ So.2d ___, 23 Fla. L. Weekly D2105, 1998 WL 601339 (Fla.App.1998, 5 Dist.), an insurer paid a claim after its insured's golf course flooded.

Arizona Continues to Toll Statute of Limitations Pending Appeal of Underlying Action
In Thompson, Ltd. V. Holder, ___ Ariz. ___, ___ P.2d ___, 1998 WL 397038 (App.1998), the court followed prior Arizona law and specifically held that for purposes of tolling the statute of limitations, the appellate process was not complete until the courtof appeals issues its mandate.

This newsletter has been prepared by Hinshaw & Culbertson LLP to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an attorney-client relationship.