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Legal developments affecting professional liability insurers

Category Archives: Exclusion lead-in language (Based upon)

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Health Care Professional Services Exclusion Applies Where Injury Would Not Exist But-For Failure to Provide Medical Attention

Posted in Exclusion lead-in language (Based upon)
The Supreme Court of Mississippi held that a health care professional services exclusion applies where the damage alleged in an underlying claim would not exist but-for paramedics’ failure to provide medical attention under Mississippi law.  Gray v. Arch Spec. Ins. Co., No. 2013-CA-01124-SCT (Miss. Oct. 23, 2014). … Continue Reading

Fee Dispute Exclusion in Bank E&O Policy Not Triggered by Allegations Concerning Overdraft Charges

Posted in Exclusion lead-in language (Based upon)
Applying Texas law, the United States Court of Appeals for the Fifth Circuit has held that a fee dispute exclusion in a bankers liability policy did not apply to bar coverage for claims against the insured bank that involved allegations with respect to overdraft charges.  First Community Bancshares v. St. Paul Mercury Ins. Co., No.… Continue Reading