Our insured is an ambulance company and is insured with a commercial auto fleet policy. The employees transported a patient by ambulance to a medical facility and in the process of actually transferring him from the gurney to his hospital bed, the patient was dropped and was injured. We think this is a professional liability exposure and is not covered by the auto policy. What is your opinion?

Colorado Subscriber

The subject of professional liability versus general liability is answered usually by whether the act was in keeping with the person's specialized vocation or profession or training. In other words, is the act one that a professional does or one that anyone can do?

It is our opinion that lifting a patient from a gurney to a hospital bed is part of a professional's job, especially since the lifting might result in injury to the patient. Many times patients have to be lifted in a certain way or done by a team so as to not injure the patient. This is especially true here since the employees are employed by an ambulance service and they have to know how to handle a patient without causing any harm. So, we agree with you that this is a professional liability claim. You may want to check with an attorney who is familiar with the law in your area to see how courts there are viewing the professional versus general liability issue, but it is our opinion that this is a professional liability claim.

Moreover, we wonder how it can be said that the bodily injury resulted from the ownership, maintenance, or use of an auto. The patient was injured away from the auto and the auto did not contribute to the injury. The circumstances of the accident do not seem to fit the liability insuring agreement in the BAP.

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