How 9th Circ. Approaches 'Related Claims' Insurance Disputes


PUBLISHED ON: March 13, 2019

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Errors and omissions professional liability insurance exists to protect lawyers and other professional service providers from the substantial cost of defending against malpractice claims. However, E&O policies often contain various provisions designed to limit coverage based on the substance, timing or surrounding circumstances of the claim(s) in question. 

Two insurance coverage disputes over errors and omissions professional liability claims recently decided in the Ninth Circuit hinged on the often problematic “related claims” or “related acts” provisions found in most E&O policies. Insurance companies include these wordy provisions in order to argue that multiple claims bearing some relationship to one another can be consolidated under one policy year with one limit of liability.

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