Commercial General Liability (“CGL”) Insurer Must Defend Suit Alone Under Atypical Director and Officer (D&O) Policy “Other Insurance” Provisions

Fieldston Prop. Owners Ass’n, Inc. v. Hermitage Ins. Co., Inc., 16 N.Y.3d 257, 945 N.E.2d 1013 (2011) The New York Court of Appeals, answering a certified question from the New York Appellate Division concluded that under the terms of Federal’s D & O policy “other insurance” exists which would cover the ‘loss’ arising from the…

Professional Service Exclusion Did Not Bar Coverage For Settlement Where Provision Of Credentialed Physicians Was Not Principal Service Provided By Blue Cross

Blue Cross of Idaho Health Serv., Inc. v. Atlantic Mut. Ins. Co., No. 1:09-CV-246-CWD, 2011 WL 162283, at *18-19 (D. Idaho Jan. 19, 2011)   Professional Service Exclusion Did Not Bar Coverage For Settlement Where Provision Of Credentialed Physicians Was Not Principal Service Provided By Blue Cross   The court found the “professional service” exclusion…