Cases

Bernard Boggs v. Camden-Clark Memorial Hospital

Case Number:
35223
Case Date:
10-03-2010
Case Issue:

Certified Questions: QUESTION (1): Do allegations of a malicious prosecution suit against the insured, an attorney, by a client's former opponent in a previous action defended by the insured fall within the scope of a commercial general liability policy of personal umbrella liability policy issued to the attorney wherein the term "personal injury" is defined to include "malicious prosecution"? ANSWER: Yes.

QUESTION (2): Under a liability insurance policy wherein the term "personal injury" is defined to include "malicious prosecution," is a malicious prosecution suit against the insured, an attorney, by a client's former opponent in a previous action defended by the insured excluded by policy language that states that "This insurance does not apply to...'personal injury'... due to rendering...professional services unless professional liability coverage has been endorsed hereon or stated in the Declarations. This includes but is not limited to: (1) Legal, accounting or advertising services"? ANSWER: Yes.

QUESTION (3): Under a personal umbrella liability insurance policy wherein the term "personal injury" is defined to include "malicious prosecution" is a malicious prosecution suit against the insured, an attorney, by a client's former opponent in a previous action defended by the insured excluded by policy language that states that "This insurance does not apply to...'personal injury' arising out of any act, malpractice, error or omission committed by any 'insured' in the conduct of any profession or 'business,' even if covered by 'underlying insurance'"? ANSWER: Yes

QUESTION (4): Do the "professional services" exclusion of the business owners package policy and/or the "professional liability" exclusion of the personal umbrella liability policy apply when the claim asserted against the policyholder for which coverage is sought in not made by a person or entity to whom the policyholder rendered professional services, but by a third-party to whom no professional services were rendered? ANSWER: Yes