In Downey v. First Indem. Ins., No. 13-4545, 2016 WL 6033426 (E.D. Pa. October 14, 2016), a Federal Judge in Pennsylvania dealt with a lawyer's claim for professional liability or legal malpractice coverage. In footnote number 1, the judge explained that the lawyer pled multiple theories of liability in one count. The lawyer included a breach of contract claim along with unjust enrichment claims in that count.
Whatever the legal claim might be called, the Court in this case recognized that the lawyer's claim to insurance coverage was based on the same common nucleus of operative facts (my words, not the judge's words in this case):
The issue presented in this breach of contract action1 is whether Defendants are obligated to provide legal malpractice coverage to Plaintiff, [the lawyer]. Plaintiff alleges that Defendants, First Indemnity Insurance, [together with another defendant, a civilian] (collectively “First Indemnity Defendants”), First Mercury Insurance Company (“First Mercury”), and State National Insurance Company (“State National”), collectively failed to provide him with the professional malpractice insurance policy that he requested—one that would leave him with “no gaps in coverage” from his previous policy with a separate carrier. As a result of Defendants' alleged failure to furnish the requested policy, Plaintiff faced uninsured exposure for a legal malpractice claim filed against him by a former client.
Downey v. First Indem. Ins., No. 13-4545, 2016 WL 6033426, at *1 (E.D. Pa. October 14, 2016).
Unfortunately for the lawyer, the Court ruled in this case that he has no coverage under any of these theories:
For the reasons set forth below, I conclude that the unambiguous language of the policy excludes Plaintiff's claim for coverage. I further conclude that the “reasonable expectations” doctrine is inapplicable to this case. Consequently, I will grant both motions [two motions for summary judgment collectively filed on behalf of all defendants in the case].
Downey v. First Indem. Ins., No. 13-4545, 2016 WL 6033426, at *1 (E.D. Pa. October 14, 2016).
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