Business Enterprise Exclusion

New York’s intermediate appellate court has held that a business enterprise exclusion bars coverage for a legal malpractice claim that is based partly on the insured attorney’s law practice and partly on the attorney’s activities on behalf of a business enterprise he controlled. Lee & Amtzis, LLP v. Am. Guarantee & Liab. Ins. Co., 2015 WL 1526003 (N.Y. App. Div. Apr. 7, 2015).
Continue Reading Business Enterprise Exclusion Bars Coverage for Malpractice Claim Based on Attorney’s Hybrid Role

The United States District Court for the Western District of Michigan, applying Michigan law, has held that a business enterprise exclusion bars coverage for a suit arising out of an attorney’s self-dealing as a member of a real estate development company.  Gomery v. Cont’l Cas. Co., 2014 WL 4209648 (W.D. Mich. Aug. 25, 2014).  Wiley Rein represented the insurer in this matter.
Continue Reading Business Enterprise Exclusion Bars Coverage for Claim Arising Out of Attorney’s Real Estate Development Company