This is not per se legal malpractice, but it is a shocker. In this Ohio Federal decision, the insurance broker is immune from suit for negligent failure to procure or for the procural of wrong insurance.
"In Mafcote v. Genatt Associates, 2007 U.S. Dist. Lexis 10117 (S.D. Ohio Feb. 14, 2007), U.S. District Court Judge Susan Dlott held that an insurance agent or broker cannot be sued by a policyholder for negligence unless the insurance agent or broker committed an act or error that causes actual physical injury or property damage. The alleged failure to procure proper insurance coverage does not give rise to such a negligence claim. Under Mafcote, an Ohio insurance agent or broker cannot be sued for negligent failure to procure insurance or the right type of coverage. "
We predict that this will come up in a legal malpractice setting in the near future; it might be that the attorney is sued for no coverage and he turns to the broker as a co-defendant. Other senarios? You pick ’em.