Does Legal Malpractice Insurance Cover Breach Of Fiduciary Duty?


A fiduciary duty is a legal responsibility that is often assigned to a person or entity who has been entrusted with confidential information. This includes individuals who are in a position of trust, such as attorneys, accountants, and financial advisors. When these individuals violate this trust, it can have serious consequences for their clients. In some cases, it may even lead to legal malpractice. Do you have legal malpractice insurance in place to cover breaches of fiduciary duty? If not, now may be the time to get coverage. Here are four reasons why: 1. Fiduciary duty is a key part of many legal agreements. 2. A fiduciary duty can help protect your business from lawsuits. 3. Fiduciary duty can protect your personal assets from theft or misuse by your employees. 4. Fiduciary duty can help prevent wrongful decisions from causing damage to your company or personal finances.

What is a Fiduciary Duty?

A fiduciary duty is a legal obligation that a person has to act in the best interest of another party, which is commonly referred to as the beneficiary. There are different types of fiduciary duties and each one carries with it specific responsibilities. A fiduciary duty can be found in various areas of law, such as business law, estate planning, and trusts & estates.

When a fiduciary breaches their duty, they may be liable for damages. Legal malpractice insurance can help cover any damages that may result from a breach of fiduciary duty. Coverage can include financial compensation for economic losses, such as lost profits or revenue; mental anguish, including pain and suffering; and physical injuries, such as physical damage to property.

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Key Elements of a Breach of Fiduciary Duty

A fiduciary duty is a legal obligation that a person has to act in the best interest of a beneficiary. A fiduciary can be an individual, organization, or government entity. A breach of fiduciary duty occurs when someone fails to adhere to this obligation. This can involve inappropriate actions like investing an individual’s money in a risky investment, allowing a company to use confidential information for their own benefit, or failing to disclose material information about the beneficiary.

There are key elements that must be present for a fiduciary to be liable for breached duty. The fiduciary must have authority over the matter at hand and must know that they have this authority. The fiduciary must also have taken reasonable steps to ensure that they are fulfilling their obligations under the trust arrangement. If any of these elements are missing, then the fiduciary may not be held liable for any damages resulting from their failure.

Legal malpractice insurance covers many situations where individuals may breach their duties as fiduciaries. This includes situations where an individual makes unauthorized investments, withholds important information from a beneficiary, or engages in other improper activities. By having coverage in place, individuals can feel confident that they will not face financial losses as a result of any future breaches of duty.

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Factors That Could Affect Your Right To Accrue Damages From A Breach Of Fiduciary Duty

If you have been affected by a breach of fiduciary duty, you may be able to seek damages from the person or company that harmed you. There are many factors that can affect whether or not legal malpractice insurance covers a breach of fiduciary duty.

One key consideration is whether the fiduciary had a legal obligation to act in your best interests. If the fiduciary did not have this legal responsibility, then their breach may not be covered by legal malpractice insurance. Additionally, courts may look at other factors when determining whether a breach of fiduciary duty has occurred, such as whether the fiduciary acted with dishonesty or with neglectful indifference to your best interests.

If you believe that you have been harmed by a breach of fiduciary duty, it is important to speak with an attorney who can help you explore your legal options. Legal malpractice insurance may not cover all losses from a breach of fiduciary duty, but it could help cover some costs associated with your case.

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What Types of Damages Are Available When a Person Breaks Their fiduciary Duty?

Legal malpractice insurance can help cover damages that result from a breach of your fiduciary duty. This includes duties such as notifying the client of any potential conflicts of interest, and relying on sound judgement when making financial decisions on their behalf. Legal malpractice insurance can also provide relief in the form of financial compensation for damages suffered as a result of the breach.


When a fiduciary duty is breached, it can have serious consequences for the individual or business that was entrusted with that duty. If you are considering whether or not to purchase legal malpractice insurance, it is important to understand what fiduciary duty covers and what doesn’t. Make sure to ask your lawyer if breach of fiduciary duty is covered by your policy before signing up.