Apex Roofing and Restoration, one of the largest roofing companies in the Southeast, has filed a lawsuit against its former lawyers, McClenny Moseley and Associates (MMA), for legal malpractice. Apex claims that MMA mishandled its insurance claims, misrepresented its customers, and exposed it to reputational damage and other financial losses.
Apex hired MMA to help Apex, among other acts, negotiate with insurance companies for roof repairs using assignments of benefits, a common practice in the construction industry. However, Apex alleges that MMA failed to check if the customers' policies were assignable, and instead claimed to represent the customers themselves, without Apex's consent or knowledge.
MMA's practices came to light when one of Apex's customers alleged that MMA filed a lawsuit on her behalf without her authorization. Apex was not informed of these allegations or of the resulting federal court hearing. Although represented by MMA, Apex was not defended at that hearing. Among other acts and omissions by MMA, Apex alleges that MMA committed legal malpractice by not informing Apex of the dispute, not advising Apex to seek separate counsel, and not protecting Apex's interests at the hearing.
After the hearing, the court issued an order where MMA was referred to as a “scourge on the State, its citizens, the Court and the Bar.” Apex alleges that MMA's actions taken in connection with its representation of Apex damaged its reputation.
Apex terminated its relationship with MMA in March 2023. Apex seeks compensation for the losses it suffered due to MMA's legal malpractice, including unpaid roofing contracts, lost customers, reputational harm, and legal fees. The legal malpractice lawsuit is pending in the Civil District Court for the Parish of Orleans before Judge Kern Reese.