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Professional Liability Coverage

GRSM attorneys regularly represent insurers in state and federal courts across the United States in litigation involving professional liability coverage issues. We have extensive experience in evaluating coverage under policies issued to traditional and non-traditional professionals.

We represent U.S. as well as London- and Bermuda-based insurers in bad faith litigation, declaratory relief actions and contribution actions involving issues that include:

  • Claims-made-and-reported policies
  • Prior knowledge and rescission based on a material misrepresentation or omission
  • Drop down coverage and insured insolvency or bankruptcy
  • Voluntary payments and consent to settle
  • Interrelatedness (temporal, logical or causal connection)
  • Other insurance, contribution and allocation

Our experience includes coverage under claims-made policies issued to a wide range of professionals, including:

  • Architects and engineers
  • Accountants
  • Dentists
  • Directors and officers (public and private)
  • Financial planners and investment advisors
  • Healthcare professionals
  • Insurance producers
  • Lawyers
  • Real estate professionals

In addition to litigating cases for the firm’s insurance clients, our attorneys also provide a broad array of non-litigation services, including:

  • Claims review and coverage opinions
  • Underwriting consultation
  • Policy drafting
  • Outside counsel claims management solutions
  • Claim and defense invoice audits
  • Regulatory filings and compliance before state departments of insurance
  • Representation before state guaranty funds regarding rehabilitation conservation and liquidation

  • Secured a significant win in a complex insurance coverage dispute involving a real estate management company insured. We filed a declaratory relief action to confirm the denial of coverage under a claims-made errors and omissions policy, and the insured countered with claims for breach of contract and bad faith. Through strategic arguments, we prevailed on summary judgment, with the court concluding as a matter of law that the insured was aware of circumstances likely to lead to a claim prior to policy inception, thereby upholding the coverage denial and resulting in dismissal of the breach of contract and bad faith claims.
  • Secured summary judgment for a London-based insurer in a direct action brought by a plaintiff in Wisconsin state court.
  • In a case of first impression, a federal court in the Western District of Washington found no coverage for a professional’s contractual breach even though the policy included no breach-of-contract exclusion. The Ninth Circuit Court of Appeals affirmed the ruling.
  • Obtained summary judgment for an insurer in a case of first impression in the District of Nevada involving a policy’s prior knowledge exclusion, in which the court found no coverage for the insured law firm and individual lawyers .
  • Won an appellate victory on an issue of first impression in Illinois state court related to the interpretation of “professional services” under a real estate agent’s professional liability policy.