Fortuity Doctrine Bars Professional Liability Coverage, 5th Circuit Affirms

(March 28, 2018, 10:43 AM EDT) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on March 26 affirmed a lower federal court’s ruling that the fortuity doctrine excuses a professional liability insurer from defending and indemnifying its attorney insured against an underlying fraud lawsuit that resulted in an award of $680,000 in actual damages (Wesco Insurance Company v. Gwendolyn Gene Layton, et al., No. 17- 10362, 5th Cir., 2018 U.S. App. LEXIS 7557)....

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