Between the Lines

A Discussion of Case Law and Statutory Law Affecting Commercial Lines of Insurance

Archive for Professional Liability Category

Posted In: Duty to Defend, Professional Liability

Professional Liability Insurer has Duty to Defend Counterclaims in Suit Over Law Firm Split, but No Duty to Fund Affirmative Claims, and the Burden to Allocate is on the Insured.

In a blog post last October, I discussed a District of Massachusetts decision denying a motion to dismiss a suit by a law firm against its professional liability insurer alleging…

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Posted In: Professional Liability

Professional Liability Insurer has Duty to Defend Suit Over Law Firm Split Where the Allegations Encompass Professional Obligations as well as Business Decisions.

Professional liability coverage disputes often turn on the question whether the alleged conduct constitutes “professional services,” or business activities of a non-professional nature.  So, for example, filing a client’s complaint…

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Posted In: Professional Liability

Only Claims Alleging Consumer Confusion Are Barred By “Unfair Competition of Any Type” Exclusion, First Circuit Holds

Professional Liability Policy Covers Claims by Competitors. In an unusual professional liability coverage case arising out of claims against the insured by a competitor (rather than a client), the First…

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