Category Archives: Professional Liability

Design Professional’s Contractual Duty to Defend Obligation

Design professionals are oftentimes reluctant to contractually agree to defend their client (e.g., the owner) from claims arising from their negligence.  The reason for this is typically twofold: (1) their professional liability policy does not permit the owner to be … Continue reading

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Cyber Liability Insurance for the Construction Industry

If you have read the news at any point in time this year, then you are somewhat familiar with cyber attacks.  You know they are for real.  You know they cause damage.  You know they cause grave inconvenience.  And, you … Continue reading

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Design Professionals Must Consider Cyber Security Insurance

A relatively new insurance product catered to design professionals is cyber security insurance.  While this insurance product is applicable to any professional that relies heavily on digital data and technology, it is becoming a vital product for design professionals.  The … Continue reading

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You cannot Join Liability Insurer into Your Lawsuit

I have been damaged.  Can I sue the party that caused the damage (the insured) and its liability insurance carrier? No!  Florida’s non-joinder statute prevents a damaged party from suing a liability insurer (the damaged party is not insured under) … Continue reading

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How About that “Reservation of Rights” Letter

Sometimes, when a liability insurer disputes coverage or is uncertain coverage applies, it will provide a defense to its insured under a “reservation of rights.”  The insurer is reserving its rights to later deny coverage (as well as a continued … Continue reading

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Insurer Bears Burden to Demonstrate Exclusion in Policy Applies

Okay; you are in an insurance coverage dispute.  Who bears the burden of proof when the insurer relies on an exclusion in the policy to deny or limit coverage?  The insurer bears this burden! The insurer must demonstrate that an … Continue reading

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Professional Liability Policies are Claims Made Policies

Professional liability policies are claims made policies. Architects and engineers have professional liability policies a/k/a errors and omissions policies. With a claims made policy, the claim (or error and omission or wrongful act) must be reported to the insurer within … Continue reading

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