Lessons from ‘Tohan’ for Professional Liability Insurers

A policy exclusion may seem straightforward, but whether it actually bars coverage can depend heavily on where a claim is brought. The same underlying conduct can produce very different coverage results depending on the law and pleading standards of the jurisdiction.

In a recent New York Law Journal article, Chartwell Partner Laura Maletta looks at Integris Insurance Co. v. Tohan, a professional liability coverage dispute arising from allegations against a Connecticut fertility doctor. The case offers an interesting example of how state law and pleading standards can shape the application of intentional conduct and sexual misconduct exclusions, even when the underlying conduct itself is not in dispute.

Laura also discusses what insurers can take from the decision when drafting policy language intended to produce more consistent coverage outcomes across jurisdictions.

Read her full article in the New York Law Journal: Lessons from 'Tohan' for Professional Liability Insurers.

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