Insuring the New and Unknown
Strategies for handling claims that fall within the “miscellaneous” professional liability bucket.
By Eric Gilkey
See why hundreds registered for CLM’s Cyber, Management, and Professional Liability Community’s recent webinar, which provided strategies for handling claims that fall within the “miscellaneous” professional liability bucket.
Michelle Arbitrio, partner, Wood Smith Henning & Berman LLP
Lara Taibi, director, YorkPro
“Some people have taken issue with the term ‘miscellaneous’ professionals…so some carriers have changed this to ‘specialty’ professionals. But it’s a great field for those of us who bore easily because there is always something new and different to research and understand as each claim can involve wildly different professions.”
“Some things that everyone involved in miscellaneous professional liability errors and omissions needs to keep in mind is that if a professional is charging someone for their services, they can be a target of an E&O lawsuit.”
“Another particularly interesting claim involved a builder who had purchased a piece of land for a residential development. After the sale closed, the builder discovered that the property purchased could not be developed because of soil contamination. They sued the seller and the seller’s agent for failing to disclose the problems.”
“We had one carrier client who was writing tattoo artists for a while, but has since backed out of the market because they really underestimated the risk exposure….”
“The key is to really understand the client’s industry and perspective, and drilling down on the standard in the industry and whether or not the client violated it.”
“In a medical liability E&O claim, a doctor’s services are well defined by licensing organizations and overseen by a regulatory system, which makes it easier for a medical malpractice policy to clearly define what professional services are. It’s much harder to define in the same way for professionals like personal trainers or aromatherapists.”
“Another coverage issue that should be on the radar for claims professionals in every category of professionals is the possibility of a data breach…. We could potentially see coverage even in the absence of cyber coverage if an event could be considered property damage or bodily injury.”
“You really can find an expert for any issue that comes up. From the claims side, though, you want to make sure your attorney is vetting these experts, especially when dealing with very fringe areas. They should have an in-person conversation to make sure the expert has the ability to communicate well with jurors.”