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Professional Liability Professional Liability Insurance

Rivkin Radler LLP

July 2025 Insurance Update

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We cover a broad range of topics in this month’s insurance update. The Supreme Court of Vermont considers how to measure a boat’s capacity under a watercraft exclusion. The Sixth Circuit decides whether an equipment...more

Rivkin Radler LLP

April 2025 New York Insurance Coverage Law Update

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John H. Fisher and his P.C. represented a client in a medical malpractice action filed on February 15, 2019, alleging that the defendant medical providers failed to provide proper prenatal care to the client, causing the...more

MG+M The Law Firm

Project-Specific Professional Liability Insurance on Design-Build and Public-Private Partnership Projects in North America: A Path...

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In January 2022 Donovan Hatem LLP (Now MG+M The Law Firm) established a Task Force consisting of professional liability insurance underwriters, brokers, engineers and architects, and lawyers knowledgeable and experienced in...more

Sheppard Mullin Richter & Hampton LLP

The California Court of Appeal Interprets the Meaning of “Care, Custody, or Control” in the Context of an Abuse or Molestation...

In 2015, Continental Casualty Company issued a commercial general liability policy to Zongwei Shen dba Nobles Massage Spa. The policy covered Shen (the spa owner) and Zhong Xin (the spa manager and Shen’s wife) for damages...more

Wiley Rein LLP

No Coverage for Claim That Related Back to Prior Policy Period

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The United States District Court for the District of New Jersey, applying New Jersey law, granted an insurer’s motion for summary judgment, finding that an insured’s claim related back to a prior policy period when the...more

Troutman Pepper Locke

D&O and Professional Liability 2023: A Year in Review

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The past year once again saw a breadth of court decisions addressing a wide variety of directors and officers and professional liability insurance coverage issues. At various levels, state and federal courts across the...more

Marshall Dennehey

New Jersey District Court Affirms Irrelevance of Breach of Contract Claims in Cases Involving Woerner Actions.

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Law Office of Drew J. Bauman v. Hanover Insurance Company, 2023 WL 2238552 (D.N.J. Feb. 27, 2023) - The plaintiffs had maintained a professional liability insurance policy with Hanover from October 2017 to October 2019. They...more

Wiley Rein LLP

Broker-Dealer Professional Liability Policy Not Implicated Where Registered Representative Was “Selling Away”

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The United States District Court for the Northern District of Illinois, applying Illinois law, has held that a registered representative was not performing Professional Services so as to implicate coverage under a securities...more

Carlton Fields

Second Circuit Affirms Ruling That Prior Knowledge Exclusion Barred Coverage for Legal Malpractice Lawsuit

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The Second Circuit Court of Appeals recently affirmed a lower court’s ruling, which declared that North River Insurance Co. had no duty to defend or indemnify its insured in connection with a legal malpractice lawsuit....more

Wiley Rein LLP

Professional Services Exclusions Bar Coverage for a Pharmacy Technician’s Mistake in Dispensing Medication

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The Western District of North Carolina has held that the professional services exclusions of two different policies issued to a staffing agency negated any duty to defend a lawsuit alleging a pharmacy technician improperly...more

Woodruff Sawyer

Do Personal Lines Policies Insure Trustees?

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If a friend or family member has asked you to be the trustee of their estate, you probably have many questions. One of your concerns may involve your insurance coverage. We often hear the following from our clients: “I was...more

Hinshaw & Culbertson - Insights for Insurers

Part Six: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

This is the sixth installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. Lead Paint - Coverage issues relating to the $400...more

Wiley Rein LLP

Law Firm’s Misrepresentations in Insurance Application Warrant Recission Under Utah Statute

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The United States District Court for the District of Utah, applying Utah law, has held that a law firm’s representation in its insurance application that it lacked knowledge of any incident, act, error, or omission that could...more

Wiley Rein LLP

Prior Knowledge Provisions Barred Coverage for Malpractice Claim Based on Pre-Policy Sanctions and Default Judgment

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The Montana Supreme Court has held that there was no coverage under a lawyers professional liability policy for a client’s malpractice claim because the lawyer knew of and failed to disclose, prior to the insured law firm’s...more

Wiley Rein LLP

Lawsuits Concerning Same Housing Development Project Are Related Claims

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The California Court of Appeal, applying California law, has held that two lawsuits arising from work performed by the same insured engineering firm on a housing development constitute related claims under the firm’s...more

Hinshaw & Culbertson LLP

[Virtual Event] 20th Annual Legal Malpractice & Risk Management (LMRM) Conference - March 2nd - 4th, 10:00 am - 3:00 pm CT

Please join us for the 20th Annual Legal Malpractice & Risk Management (LMRM) Conference—An All New Virtual Experience for three half-days of practical and engaging online programming focused on current and important...more

Carlton Fields

Ninth Circuit Applies Willful Violation of Law Exclusion in Professional Liability Policy To Preclude Coverage for Wrongful Death...

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In National Fire & Marine Insurance Company v. Hampton, No. 19-17235 (9th Cir. Oct. 21, 2020), the Ninth Circuit held that a doctor’s guilty plea to the unlawful distribution of a controlled substance barred insurance...more

Wiley Rein LLP

Doctor’s Guilty Plea Establishes Basis for “Willful Violation” Exclusion from Coverage in Wrongful Death Case

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Applying Nevada law, the Ninth Circuit has held that a professional liability insurer did not have a duty to defend or indemnify a doctor for a wrongful death action because the doctor’s guilty plea triggered an exclusion for...more

Wiley Rein LLP

No Coverage for TPA in Claim Arising from Extracontractual Exposure to Insurer

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A federal district court has ruled that a third-party administrator’s professional liability policy does not afford coverage for a claim against the TPA arising from an excess judgment against the TPA’s...more

Lowenstein Sandler LLP

Fintech Company Secures Indemnity Coverage Under Professional Liability Policy for Fraudulent Funds Transfer Claim

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What You Need To Know: - Recent case law is trending favorably for policyholders to secure coverage for computer fraud claims under a wide array of insurance policies. - Because several types of policies may be...more

Jones Day

Insurance Coverage for SEC Disgorgement Awards After the Supreme Court's Kokesh Decision

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The Situation: In 2017, the United States Supreme Court held in Kokesh that disgorgement awards by federal courts in U.S. Securities and Exchange Commission ("SEC") enforcement proceedings are "penalties" for purposes of a...more

White and Williams LLP

Eleventh Circuit Defers to Insurer’s Definition of Professional Services

Does an Errors & Omissions (E&O) insurer have a duty to defend its insured mental healthcare provider when the policyholder was not licensed to provide such mental health counseling services? The Eleventh Circuit recently...more

Haight Brown & Bonesteel LLP

Court Awards Summary Judgment on Prior Knowledge Limitation of Professional Liability Policy

In Admiral Ins. Co. v. Superior Court (No. D072267, filed 11/21/17, ord. pub. 12/12/17), a California appeals court held that an application question about prior knowledge of facts that could give rise to a “malpractice...more

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