Insurer Must Defend Attorney Against Claims Arising from Kickback Scheme

HOUSTON - A legal malpractice insurer has a duty to defend a silica attorney against lawsuits stemming from his involvement in an alleged kickback scheme that generated millions of dollars in fees, a Texas judge has ruled. American Guarantee & Liability Insurance Co. v. Warren Todd Hoeffner, et al., No. 08-1181 (S.D. Texas).

On Jan. 16, Judge Nancy F. Atlas of the U.S. District Court for the Southern District of Texas denied a summary judgment motion filed by American Guarantee & Liability Insurance Co., determining that allegations in three underlying complaints brought against silica attorney Warren Todd Hoeffner assert claims …