Law firm, attorneys file lawsuit against insurers

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An Augusta law firm and attorneys facing a legal malpractice lawsuit have filed their own lawsuit against two insurance companies.

The Fleming firm, John Fleming and William Fleming filed the Richmond County Superior Court lawsuit against Clarendon National Insurance Co. and Royal Surplus Insurance Co.

They contend one or both companies should be defending the firm and attorneys against the malpractice claim.

Wendell A. Jenifer sued the Fleming firm, John Fleming and his nephew William Fleming in 2006. Mr. Jenifer had hired the firm and the attorneys to represent him in a personal injury case against a local hotel, and he alleges his case was thrown out because the attorneys did nothing to pursue it.

Mr. Jenifer's malpractice case was scheduled for trial last month in U.S. District Court. It was put on hold to give the Fleming firm and the attorneys time to get a legal ruling about their insurance coverage during the time Mr. Jenifer claims he was neglected.

According to the Fleming firm's lawsuit, Clarendon provided its malpractice insurance until it canceled the policy in August 2002.

The firm then obtained coverage through Royal Surplus.

Neither insurance company has provided any defense for the firm or attorneys in the Jenifer case.

The companies have 30 days to respond to the lawsuit filed Wednesday.

According to court documents filed in federal court, Clarendon dropped the Fleming firm and attorneys after it had to settle 22 malpractice claims in the fall of 2002. In order to obtain new insurance, John Fleming and William Fleming had to resign from the firm, although John Fleming returned a month later.

Reach Sandy Hodson at (706) 823-3226 or sandy.hodson@augustachronicle.com.

Comments

patriciathomas

Fleming and Fleming seem to have plenty of problems. You'd think a reputable law firm wouldn't loose its insurance for multiple malpractice claims.

udontknowwholestory

PT...I'd like to apologize for talking to you the way I did yesterday. I was wrong, and I hope you'll forgive me. This is no joke, I just feel really awful for having been on your case for no reason. We don't have to talk or be friends, just know I'm sorry. I will copy and paste this in the morning sometime to make sure you receive it. Again, my apologies! iknewit
Posted by iknewit on Sat May 10, 2008 0:21 AM

Craig Spinks

PT, I notice that you didn't put the term "reputable law firm" and "Fleming and Fleming" in the same sentence. You must be an insider.

CoastalDawg

"Exorbitant" would be the proper word I believe.

CKB

Judge for yourself- I was charged $75 for them to wirite a half page letter to my ex and that was years ago. NEVER, NEVER again.

frankclark

good one Dr. Spinks !

pofwe

CSRA folks in the know, should know better than to retain the Fleming firm for any legal counsel. The first thing they do is weigh which litigate can be the most profitable for them, their client or their client's adversary. Underhandedness & double-dealing are part of their "legal counseling culture." Besides that their fees are usually exorbinant.

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