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FIRST AMERICAN TITLE v. LAWSON

827 A.2d 230 (2003)

177 N.J. 125

FIRST AMERICAN TITLE INSURANCE COMPANY, Plaintiff-Appellant, v. Edward LAWSON, Jr., Esq., Wheeler, Lawson & Snyder, L.L.P., Summit Bank, Adam M. Slater, Jill L. Slater, K. Hovnanian at Wayne VII, Inc., Kenneth E. Wheeler, Esq. and Craig J.J. Snyder, Esq., Defendants. Lawyers Title Insurance Corporation, Plaintiff-Appellant, v. Wheeler, Lawson & Snyder, L.L.P., Kenneth C. Wheeler, Esq., Edward Lawson, Jr., Esq., Craig J.J. Snyder, Esq. and Sean G. Mason, Defendants. Certain Underwriters at Lloyd's, London, Plaintiff-Respondent, v. Edward Lawson, Jr., Esq., Kenneth E. Wheeler, Esq., Craig J.J. Snyder, Esq. and Wheeler, Lawson & Snyder, L.L.P., Defendants, and K. Hovnanian at Wayne VII, Inc., First American Title Insurance Company and Lawyers Title Insurance Corporation, Interested Parties.

Supreme Court of New Jersey.

Decided July 17, 2003.

Attorney(s) appearing for the Case

Richard L. Plotkin argued the cause for appellant First American Title Insurance Company, Morristown (Pitney, Hardin, Kipp & Szuch, attorneys; Mr. Plotkin and Deborah L. Slowata, on the brief).

Russell M. Finestein and Michael D. Malloy argued the cause for appellant Lawyers Title Insurance Corporation (Finestein & Malloy, attorneys).

Diane J. O'Neil and Robert F. Priestley argued the cause for respondent, Newark (Mendes & Mount, attorneys; Ms. O'Neil, Mr. Priestly and Laura E. Genovese, on the brief).

The opinion of the Court was delivered by VERNIERO, J.

This case presents difficult questions concerning an attorney's exposure to uninsured liability while practicing in a law firm organized as a limited liability partnership. The firm's coverage also is at stake. Specifically, the firm's managing partner knowingly had made material misrepresentations when he applied to an insurer for malpractice coverage on behalf of the...

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