Section 8.18 Professional Capacity

• Library: Insurance Practice 2015

Another issue that must be considered when deciding the question of coverage is whether the acts alleged by an injured third party fall within the scope of professional services insured by the professional insurance policy. “[T]he scope of professional services [insured under the professional liability policy] does not include all forms of a . . . professional’s conduct simply because he or she is a [professional].” Newland v. Azan, 957 S.W.2d 377 (Mo. App. W.D. 1997) (citing Roe v. Fed. Ins. Co., 587 N.E.2d 214, 217 (Mass. 1992); Niedzielski v. St. Paul Fire & Marine Ins. Co., 589 A.2d 130, 132 (N.H. 1991)).

In Azan, 957 S.W.2d 377, the court was actually considering the trial court’s grant of summary judgment in...