X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Published opinion

Before JOLLY, WIENER, and BARKSDALE, Circuit Judges.

In this insurance coverage/exclusion dispute, Brown & Mitchell, Inc. (“BMI”) appeals the district court’s grant of summary judgment to QBE Insurance Corp. (“QBE”). QBE originally filed a declaratory judgment action to determine whether BMI’s excess commercial general liability policy (the “Policy”) required QBE to provide coverage for or defend BMI in a wrongful death suit. QBE argued that the underlying incident did not constitute an “occurrence” under the Policy or, in the alternative, that BMI’s alleged misconduct fell within the Policy’s “professional services exclusion.” In its grant of summary judgment, the district court concluded that BMI’s “intentional” conduct, as opposed to negligent conduct, i.e., an accident, excluded it from coverage without reaching whether the professional services exclusion applied. We hold that the professional services exclusion applies and, therefore, pretermit the question of whether the underlying incident constitutes an “occurrence” under the Policy. Accordingly, the district court’s judgment is AFFIRMED.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

African Legal Awards (AFLA) 2022

September 02, 2022
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

China Law & Practice Awards (CLPA) 2022

September 08, 2022
Beijing

The annual China Law & Practice Awards is the jurisdiction's most prestigious legal awards ceremony that applauds China's elite.


Learn More

Texas Legal Awards (TXLA) 2022

September 14, 2022
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More

Personal Injury Attorney


Monge & Associates is recognized as a Top Places to Work and One of the Most Influential Law Firms in America. We offer flexible remote ...


Apply Now ›

Litigation Associate


A well-respected regional law firm that has represented businesses in Tampa Bay for decades is seeking a commercial litigation associate to ...


Apply Now ›

ATTORNEY-Philadelphia-Conshohocken-PA


Casualty Defense/Subrogation - commercial lines. Experienced. Flexible with remote working. Great hands-on complex litigation opportunity, g...


Apply Now ›

DEASEY, MAHONEY & VALENTINI, LTD.

08/08/2022
TLI Web

DEASEY MAHONEY & VALENTINI LTD is proud to announce that Lauren M. Steins and Leanna B. Ruotanen have been named Partners of the firm.


View Announcement ›

PARRETT, PORTO, PARESE & COLWELL, P.C.

08/08/2022
CLT Web

Parrett, Porto, Parese & Colwell, P.C. welcomes attorneys Alison L. Broad and Andrew I. Schaffer as principals of the firm.


View Announcement ›

MARSHALL DENNEHEY

08/04/2022
TLI Web

Marshall Dennehey Warner Coleman & Goggin mourns the loss of Robert J. Coleman, the last of its founding name partners.


View Announcement ›