Weddington

MEMORANDUM *

Weddington appeals from the district court’s summary judgment for United National Insurance Company (United National). The district court had jurisdiction under 28 U.S.C. § 1332 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

We will affirm the district court if the insurance policy at issue (the Policy) excludes coverage of Weddington’s claim against Reeves, his former attorney. United National insured Reeves under a “claims made” professional liability insurance policy, with a policy period extending from June 15, 2004 to June 15, 2005. Policy exclusion II.B states that the Policy does not apply to claims “arising out of any WRONGFUL ACT occurring prior to the effective date of this policy ... if the INSURED at or before the effective date knew or could have reasonably foreseen that such WRONGFUL ACT might be expected to be the basis of a CLAIM.”

The central question here is whether exclusion II.B should be subject to an “objective” or “subjective” test. Weddington contends that exclusion II.B bars coverage only where Reeves believed that her handling of Weddington’s underlying case might result in a malpractice claim, i.e. only where the insured…