Professional Services Charge Exception Bars Coverage For Entire $102M, Panel Rules

(May 3, 2016, 11:21 AM EDT) -- PHILADELPHIA — The Third Circuit U.S. Court of Appeals held May 2 that the entire $102 million that an insured paid to settle two underlying class action lawsuits is precluded from coverage by an excess insurance policy’s “Professional Services Charge Exception," reversing a lower federal court’s ruling that approximately $30 million of the $102 million was recoverable under the policy (The PNC Financial Services Group, Inc., et al. v. Houston Casualty Co., et al., Nos. 15-1656, 15-1717, 3rd Cir.; 2016 U.S. App. LEXIS 7883).

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