Mutually Exclusive Polices Found to Share Defense Obligation

When the use of an auto is involved in an accident, normally a professional liability insurer whose policy excludes claims arising out of the use of an auto will have no obligation to share with the auto insurer in the defense of the policyholder. However, that is exactly what occurred in Knightbrook Ins. Co. v. Northfield Ins. Co., 2016 U.S. Dist. LEXIS 9265 (E.D. Pa. Jan. 26, 2016).

In Knightbrook, an underlying plaintiff brought suit against the policyholder, an ambulance company. The underlying …

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Demand for Refund Constitutes a Claim under Professional Liability Policy Says Eighth Circuit

In Philadelphia Consolidated Holding Corp. v. LSI-Lowery Systems Inc., 2015 U.S. App. LEXIS 349 (8th Cir. Jan. 9, 2015), the Eighth Circuit affirmed the district court’s grant of summary judgment in favor of Philadelphia Consolidated Holding Corporation, d/b/a/ Philadelphia Insurance Companies (PIC).  The Eighth Circuit found that PIC was not required to defend and indemnify its insured, LSI-Lowery Systems, Inc. (LSi) because LSi failed to satisfy the policies’ claims made and reported requirement.

In the underlying suit, LSi sold business software to the claimant, …

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Third Circuit Affirms Applicability of ‘Misappropriation’ Limitation Clause in Professional Liability Policy to Class-Action Fraud Scheme

On October 10, 2014, the Third Circuit Court of Appeals affirmed a lower court’s ruling that a professional liability insurance policy’s “misappropriation” sub-limit clause applied to limit the amount of defense costs owed to an insured whose employee plead guilty to mail and wire fraud in Camico Mutual Ins. Co. v. Heffler, Radetich & Saiita, LLP, 2014 U.S. App. LEXIS 19636 (3d Cir. Oct. 10, 2014).

Christian Penta was a senior claims analyst for Heffler, Radetich & Saiita, LLP, an accounting firm that distributes …

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The Latest Professional Liability Decisions – Goldberg Segalla’s Professional Liability Monthly Now Available

Please click here for the latest edition of  Professional Liability Monthly.

Goldberg Segalla’s Professional Liability Monthly provides timely analysis of court decisions from across the country concerning professional liability. Cases are organized by topic, and where available, hyperlinks to the full decisions are included. In addition, we highlight the latest news impacting the professional liability community.

If you would like to receive future editions of Professional Liability Monthly directly by email, please contact Brian Biggie at [email protected].…

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Professional Liability Monthly – December Edition is Now Available

Featured headlines in this edition of Professional Liability Monthly:

  • No Breach of Fiduciary Duty Where the Plaintiff Alleged That the Defendant Insurance Agency Procured an Inadequate Policy
  • Disclosure of Medical Records From Patients Other Than the Plaintiff Denied by Court
  • Improper Reference to Smoking History in Medical Malpractice Case Leads to New Trial
  • Expert Gastroenterologist Should Have Been Permitted to Testify as to Causation
  • Dispute Over Date of Discovery of Actionable Harm Prevents Defendants From Obtaining Summary Judgment
  • A Defendant’s Counterclaim Alleging Legal Malpractice
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