Edwards v. Continental Casualty Co.

Plaintiff filed suit against Continental, seeking a declaratory judgment that Continental was required to defend him, pursuant to a professional liability insurance policy, in an action brought against plaintiff by Cal Dive. The district court granted plaintiff's motion for partial summary judgment and held that Continental had a duty to defend plaintiff in the underlying suit. The court agreed with Continental that Cal Dive’s claims against plaintiff are not the kind that are covered by the insurance policy. In this case, plaintiff is not seeking a defense against a "covered" claim where Cal Dive's claims against plaintiff do not arise out of an act or omission in plaintiff's rendering of or failure to render legal services. Accordingly, the court reversed and rendered judgment rejecting plaintiff's claims against Continental. View "Edwards v. Continental Casualty Co." on Justia Law