Practice Areas

Professional Liability Representation and Litigation

'AMATO & LYNCH is one of the leading law firms specializing in professional liability litigation, particularly the representation of law firms and accounting firms in securities class action litigation. In many instances, the firm has been intimately involved in developing New York's case law in this area.

D'Amato & Lynch, LLP represents the interest of insurers as well as insureds in matters across the country involving nearly all types of professional liability insurance. The firm has been involved in negotiating major settlements of cases brought against professionals.

The range of cases D'Amato & Lynch, LLP has handled since its inception in 1969, involving allegations of malpractice by lawyers is diverse. As an example, in Wilson v. Saintine Exploration & Drilling Corp., 872 F.2d 1124, (2d Cir. 1989), the Second Circuit adopted the liability standards proposed by D'Amato & Lynch, LLP that limited the liability of lawyers who drafted securities offering materials, but who did not solicit investors.

With regard to accountants' liability, D'Amato & Lynch, LLP has represented small as well as large, well-known accounting firms for over 25 years. The firm has defended accountants against claims involving securities offerings, reviewing and compiling financial statements, preparing corporate and individual tax returns, offering tax and investment advice and undertaking business advisory services. D'Amato & Lynch, LLP has also represented accountants in disciplinary proceedings brought by governmental and professional regulatory authorities.

The firm has also defended brokers and agents against claims involving failure to place insurance, neglecting to obtain proper limits, failing to maintain coverage and failure to name additional insureds. The firm has also represented life insurance agents against claims for alleged improper completion of applications for life and disability insurance, and failure to disclose pre-existing medical conditions. Among the precedents obtained by the firm in this area are two cases decided by New York's First Department Appellate Division. In these cases, the court upheld that the exposure of agents and brokers in the completion of an application for insurance should be limited where the insured affirms the accuracy of the application. DiGrazia v. United States Life Insurance Co., 565 NYS 2d 525 (1st Dept 1991); Suriano v. Equitable Life Assurance Society, 566 NYS 2d 623 (1st Dept 1991).

THE MEMBERS OF THE FIRM INVOLVED WITH PROFESSIONAL LIABILITY REPRESENTATION AND LITIGATION INCLUDE: