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Colliers Lanard v. Lloyds of London

Citations: 458 F.3d 231; 2006 WL 2327039Docket: 05-3497

Court: Court of Appeals for the Third Circuit; August 11, 2006; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

This case involves a dispute over the applicability of a professional liability insurance policy exclusion under New Jersey law. Lloyds of London issued a 'claims made' policy to a real estate firm, CL&A, which was later denied coverage for a claim related to a pre-policy error. The District Court originally ruled in favor of CL&A, interpreting the policy exclusion favorably for the insured. On appeal, the key legal issue was whether the exclusion required a subjective assessment of the insured's knowledge and an objective inquiry into whether a reasonable professional would foresee a claim arising. The appellate court found the District Court had misapplied these standards and vacated the judgment, remanding the case for further proceedings. The court emphasized the need for a mixed subjective-objective test, aligning with New Jersey's public policy and case law, to evaluate the insured's reasonable expectations and the insurer's potential exposure to moral hazards. The outcome underscores the complexity of interpreting insurance policies and the balance between protecting insured parties and preventing opportunistic behavior by professionals aware of potential claims.

Legal Issues Addressed

Breach of Contract in Insurance Claims

Application: The appellate court vacated the District Court's decision, which found Lloyds in breach of contract for denying coverage, due to the misapplication of the insurance policy exclusion tests.

Reasoning: The appellate court concluded that the District Court had erroneously applied the tests, leading to a misinterpretation of the policy exclusion.

Interpretation of Insurance Policy Exclusions under New Jersey Law

Application: The appellate court deemed that the policy exclusion should be interpreted with both a subjective assessment of the insured's knowledge and an objective assessment of whether a claim could reasonably be expected.

Reasoning: The Court of Appeals determined that the policy exclusion required a subjective assessment of the insured's knowledge regarding the claim and an objective assessment of whether the claim could reasonably be expected.

Reasonable Expectations of the Insured

Application: The appellate court considered whether the exclusion in the insurance policy aligned with the insured's reasonable expectations, as informed by New Jersey precedents.

Reasoning: Determining the applicability of a clear and unambiguous exclusion in insurance policies requires an analysis of public policy and the reasonable expectations of the insured.

Subjective and Objective Standards in Insurance Policy Exclusion

Application: The appellate court held that a mixed subjective-objective test should be applied to determine the applicability of a policy exclusion, aligning with New Jersey public policy.

Reasoning: A mixed subjective-objective test under a 'claims made' policy exclusion is not expected to violate New Jersey public policy.