Lara Yost and Debran O’Neil | The Dispute Resolver When it comes to managing risk, design professionals must carefully consider both commercial general liability (CGL) and professional liability insurance. While these two types of coverage both protect against third-party claims, they have key differences in how they work, when they apply, and what they cover.… Continue reading Professional Liability Insurance Considerations When Design Professionals are Involved
Tag: Professional Liability Policies
Quiet Title Action Does Not Involve Covered “Loss”
Nathan B. Lovett | Wiley Rein The United States District Court for the Eastern District of California, applying California law, has held that a professional liability insurer had no duty to defend its insured in an underlying lawsuit because the suit did not seek “Loss” as defined in the policy. Dollar Point Ass’n, Inc. v. United… Continue reading Quiet Title Action Does Not Involve Covered “Loss”
Delegated Design In A Design-Bid-Build Project Delivery Approach The Professional Liability Conundrum
David A. Pogorilich and Eric Brodfuehrer | Ankura Consulting Group The inclusion of “Delegated Design” scopes of work into the construction documents of a construction project blurs the roles of the design professional of record (DPR) and the constructor. The role of the DPR is to design and detail the project to define the expected… Continue reading Delegated Design In A Design-Bid-Build Project Delivery Approach The Professional Liability Conundrum
No Coverage For Claims Made Outside Of Claims-Made Policy Period
Thomas Benjamin Boley | Wiley Rein The United States District Court for the Northern District of Illinois, applying Illinois law, has granted a legal professional liability insurer’s motion for summary judgment, holding that its claims-made policy did not apply to various claims that were first made either before or after the policy period. Twin City Fire… Continue reading No Coverage For Claims Made Outside Of Claims-Made Policy Period
Sixth Circuit Holds Attorneys’ Fee Award Does Not Constitute Damages Under Professional Liability Policy
Kent Crocker | PropertyCasualtyFocus The Sixth Circuit Court of Appeals affirmed an order granting summary judgment in favor of the insurer in Wesco Insurance Co. v. Roderick Linton Belfance LLP, holding that the award of attorneys’ fees was a “sanction” and thus was not covered damages under the Wesco professional liability policy. This matter concerned an… Continue reading Sixth Circuit Holds Attorneys’ Fee Award Does Not Constitute Damages Under Professional Liability Policy