The U.S. District Court for the Southern District of Florida has ruled on the Oxford – or serial – comma, finding that a policy's punctuation was not unclear and that a professional liability policy did not cover a multimillion-dollar judgment resulting from a lawsuit. The case is ECB USA vs. Chubb Insurance and Executive Risk Indemnity, Civil Action No. 20-20569-Civ-Scola, 2021 U.S. Dist. LEXIS 241716 (S.D. Fla. Dec. 17, 2021).

Control Group, a management and financial consulting firm, and its accounting subsidiary, Constantin Associates, were insured by Chubb and Executive Risk for several years. In 2018, ECB USA and others sued Constantin Associates in Miami-Dade Circuit Court alleging wrongdoing in a professional audit.

In 2019, Constantin settled the lawsuit for $4.9 million, and assigned insurance rights to the plaintiffs. Chubb and ERI denied the claims for several reasons, one of which was that when Constantin's and Control Group's errors and omissions policy was renewed in 2017, the wording had changed and the policy no longer covered audit services done for non-financial firms. ECB USA, a Florida corporation, sued Chubb for relief associated with Chubb's denial of insurance coverage, alleging breach of contract. The case was moved to federal court.