Our client had a trip and fall claim so we reported to CNA for general liability coverage. They are denying it, saying it falls under professional liability. I was always told bodily injury doesn't fall under professional. While we have a malpractice policy, I feel it's bodily injury and should be paid under the GL.

CNA says the loss occurred inside the exam room. It is their position that the facts support that the exam/professional medical services had begun at the time the claimant was escorted into the exam room and claimant fell next to the exam table when about to get on the table. Further, the cause of the loss was a medical gel inadvertently left on the floor by insured sonographer which had been used during the rendering of a prior medical exam and unfortunately was not cleaned up. The sonographer confirmed there was medical gel on the floor and she helped claimant clean the gel off her shoe.

CNA admits that once escorted to the inner hallways of the examination area, the issue gets a little gray, but feels the facts of this loss warrant settlement under the Professional Liability policy. We disagree.