Professional Liability Coverage versus General Liability Coverage

April 22, 2013

A lawsuit is filed in New Jersey, Atlantic County. One of the allegations is negligence in the recommending of the selection of chairs. Our named insured's scope of work was to redesign an employee break room, including picking chairs from a catalog. The plaintiff, an employee, sustained injuries when the chair in question collapsed. Our named insured is not the manufacturer. Policy endorsements include CG 22 43, which excludes engineers, architects, or surveyors professional liability. Would there be coverage under the CGL policy or should this be defended by the professional carrier? Simply, is there coverage under the CGL form if in fact the scope of the insured's work included choosing chairs?

New Jersey Subscriber

The answer to professional liability coverage versus general liability coverage is: it depends. If the incident results from using a trained skill, one that requires years of education and training and one that is not performed by just anybody, then the professional liability form applies. If the incident results from an act or omission that requires no special training or education and that anybody can do, the general liability policy applies.

In this example, you have to find out if the chairs were chosen to fit specific ergonomic standards or to somehow enhance the health and posture of the employees, or if they were just chosen for economic reasons or because they were a nice color that fit the break room style. If the reason was the former, then the professional liability carrier should handle the incident; if the latter, the general liability policy is the one.

Of course, either policy would require the insured to be liable for the incident. If there is no liability, neither policy will apply for indemnity payments.

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