Losses Arising From Professional Services
The Texas Supreme Court held that the professional services exclusion in a general liability policy excludes coverage only when the insured has breached the standard of care in rendering those professional services. Because the patients in the underlying lawsuit alleged both professional and non-professional negligence, the Texas Supreme Court held that the general liability insurer, had a duty to defend the doctors’ association in the underlying lawsuit. Regarding indemnity, however, the Texas Supreme Court held that a fact issue existed about whether patients’ injuries were caused at least in part by the doctors’ rendition of professional services, in which event the policy would not cover the doctors’ association; thus, the indemnity claims were remanded to the trial court for further proceedings.
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