News & Analysis as of

Professional Service Exclusion Insurance Industry

Lowenstein Sandler LLP

Closing Coverage Gaps: California Court Emphasizes the Importance of Coordinated Insurance Policies in Complex Claims Environments

Policyholders must be vigilant in coordinating their insurance program across coverage lines in today’s complex claims environment. Often resembling a “patchwork quilt” – modern businesses protect against a wide range of...more

Rivkin Radler LLP

Insurance Update - January 2024

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In our January insurance update, we include three state cases addressing some less common situations. It’s not often that a pollution exclusion is interpreted in the context of an auto policy. But the South Dakota Supreme...more

Rivkin Radler LLP

Insurance Update - October 23, 2023

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Here’s what we discuss in our October Insurance Update. Illinois: Environmental Suits Alleging Non-Compliance with Laws and Regulations Did Not Assert an “Occurrence”- Massachusetts (federal): Insurer May Consider Sums...more

Rivkin Radler LLP

Insurance Update - December 2022

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We roll out our December Insurance Update just in time for the holidays. Here’s what’s inside: •The California Supreme Court discusses rules of policy construction in the context of a TCPA claim against Yahoo. •A...more

Wiley Rein LLP

Deceptive Advertising Claim Does Not Allege “Covered Professional Service”

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Applying Georgia law, the U.S. Court of Appeals for the Eleventh Circuit has held that an E&O policy issued to a medical practice did not respond to a claim alleging violations of a state unfair and deceptive trade practices...more

Wiley Rein LLP

Lawyer’s Professional Liability Insurer has Duty to Defend Suit Alleging Sexual Assault of Client

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Applying Maine law, the United States District Court for the District of Maine has held that a legal professional liability insurer had a duty to defend an insured attorney against a suit alleging sexual assault of a client,...more

Rivkin Radler LLP

Insurance Update - October 2021

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Here’s our October Insurance Update. The Sixth Circuit had insurance on its mind this past month. Three of the decisions we discuss in our update are from that court. First, the Sixth Circuit joins the Eighth and...more

Neal, Gerber & Eisenberg LLP

NGE On Demand: Insurance and Indemnity Issues for Family Offices with Angela Elbert

NGE Insurance Policyholder partner Angela Elbert presents an overview for family office clients addressing the unique range of personal, commercial, financial and investment risks they face. If you have any questions,...more

Wiley Rein LLP

Professional Services Exclusion Does Not Bar Coverage for Lawsuit Alleging “Business Decisions” of Healthcare Facility

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The United States District Court for the Southern District of Florida, applying Maryland law, has held that the professional services and managed care activity exclusions in a D&O policy did not bar coverage for a lawsuit...more

Carlton Fields

Professional Services Exclusion Precludes Coverage for False Claims Act Suit

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It is not unusual for a directors and officers liability policy to have an exclusion for professional services. A such, a question often arises regarding whether the claimed wrongful conduct involved the rendering or failure...more

White and Williams LLP

Ninth Circuit Rejects Insured’s “Internal Business Practice” Argument and Enforces D&O Policy’s Broad Professional Services...

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Earlier this week, in HotChalk, Inc. v. Scottsdale Insurance Company, No. 16-17287, 2018 U.S. App. LEXIS 14884 (9th Cir. Jun. 4, 2018), the Ninth Circuit Court of Appeals affirmed a District Court’s determination that a...more

Carlton Fields

Drawing A Line In The Sand: The Second Circuit Tries To Define Where D&O Coverage Ends And E&O Coverage Begins

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Policyholders often obtain both errors and omissions (E&O) and directors and officers (D&O) liability insurance policies because they provide complementary coverage. ...more

Bradley Arant Boult Cummings LLP

The Professional Services Exclusion: You May Not Have the Coverage You Think

Could you be providing “professional services” that might lead to liability excluded by your commercial general liability policy? The answer may be different than you think....more

Haight Brown & Bonesteel LLP

Professional Services Exclusion Bars Coverage Where Ordinary Negligence is Inseparably Intertwined With Professional Service

In Energy Ins. Mutual Ltd. v. Ace American Ins. Co. (No. A140656, filed 7/11/17, ord. Pub. 8/10/17), a California appeals court found that a professional services exclusion barred coverage for wrongful death and other claims...more

Maynard Nexsen

District Court Rules “Professional Services” Exclusion means Professional Services

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Recently, the United States District Court for the District of South Carolina granted judgment in favor of an insurance carrier, finding the carrier did not owe a duty of defense or a duty to indemnify the insured in an...more

Robins Kaplan LLP

Professional Services Exclusions in our Expanding Service Economy?

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Service enterprises have been taking over the U.S. employment market for decades. Some predict that in a few years they will account for roughly 80 percent of domestic jobs. Courts and insurance professionals advise service...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - May 2015 #2

Recent Lawsuit Underscores Critical Lessons for Purchasers of Cyber Insurance - Why it matters: Columbia Casualty Company v. Cottage Health Systems was filed on May 7, 2015, in the Central District of California. Cottage...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law -- May 01, 2013

Insurers Had Duty to Defend Regardless of Whether Allegations in Underlying Cases Are True or False, Says Illinois Court - On April 12, 2013, an Illinois trial court ordered that Travelers Casualty & Surety Company,...more

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