A recurring issue for architects and engineers is whether, in litigation where they are being defended under their professional liability (PL) insurance policies, a duty to defend can also exist under their general liability (GL) insurance policies.  This, in turn, raises three questions.  First, is the GL policy triggered?  Second, if it is, how does it correlate with a potentially significant self-insured retention (SIR) under the PL policy?  Third, how does it impact on the PL policy duty to defend?

As to the first item, it should be noted at the outset that GL policies typically include a professional services exclusion, on which the GL carriers can be expected to rely in what otherwise could be characterized as a professional liability matter.  See M. Seiden, “Architects and Engineers—Building a Bridge Between Professional and General Liability Insurance” (2004).

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