Browne George Ross LLP v. Lexington Insurance
Opinion
Lead Opinion
Wilson, J.
Proceedings: IN CHAMBERS ORDER re Motions for Summary Judgment [21, 28]; Plaintiffs Application to File , Response to Reply Brief [38]
I. INTRODUCTION AND FACTUAL BACKGROUND
On March 14, 2012, Plaintiff Browne George Ross, LLP filed this action against its former insurer Lexington Insurance Company (“Defendant”), alleging claims for (1) Breach of Contract; and (2) Breach of the Implied Covenant of Good Faith and Fair Dealing, based on Defendant’s purported breach of its duty to defend Plaintiff in a malpractice action brought by several of Plaintiffs ‘ former clients. (Dkt.l).
On or about February 22, 2008, Defendant issued Plaintiff a Lawyers Professional Liability Insurance policy, Policy No. 3236926, which provided coverage for negligent acts, errors, and omissions occurring before February 22, 2008, with a five-year extended reporting period. (See Dkt. 10-3, Exh. 4 (“Lexington Policy”)). Endorsement # 1 of the Policy provides:
(Lexington Policy, Endorsement # 001).
Plaintiff -subsequently obtained a Lawyers Professional Liability Insurance policy from Catlin. (George Decl., Exh. 2-(“Catlin Policy”)). The Catlin Policy covered certain acts, errors, and omissions occurring…