Here is an interesting, and well written case from the Supreme Court of West Virginia.
"SAMANTHA SELLS v. ARNOLD RAY THOMAS, ET AL., No. 32969 (Per Curiam)(November 9, 2006). Plaintiff Samantha Sells appealed an order of the Circuit Court of Mercer County granting summary judgment in favor of defendant Kenneth Chittum, Esq., on plaintiff’s legal malpractice claims. Holding that a genuine issue of material fact exists as to whether the defendant’s failure to pursue an underinsured motorist claim prior to settlement with the tortfeasor caused the plaintiff to suffer a loss constituting legal malpractice, and reversing the grant of summary judgment.