Josh Byrne Quoted on Fee Exclusion Decision

/ 25.Mar, 2016
Swartz Campbell partner, Josh Byrne was quoted extensively in a Law360 article about the recent Seventh Circuit decision Edward T. Joyce & Associates, P.C. v. Professionals Direct Insurance Company.  The decision is interesting because it is the inverse of the cases in which we usually see the fee exclusion language in professional liability cases applied.  In this case, rather than an attorney suing a client for unpaid fees, a class of client were suing the attorneys for fees expended in collecting a judgment.  The underlying court found the insurer did not have to pay because the award was a “sanction.”  Judge Sykes of the Seventh Circuit found the award was not a sanction, but the fee exclusion provision of the policy applied.