John (Jack) Zulkey

Chapter 7: Understanding Fundamental Language of CGL Policies
(coauthored with Eric Routman and Swathi Staley)

This article reviews over five hundred decisions across the country which analyzed whether the underlying claims arose out of professional services for operation of either a professional liability coverage grant or professional services exclusion. It is broken up in to three parts, with the first part addressing broad issues such as when something is deemed "professional," what it means to be a "service," and when a claim is deemed to "arise from" a professional service rather than being… Show more

This article reviews over five hundred decisions across the country which analyzed whether the underlying claims arose out of professional services for operation of either a professional liability coverage grant or professional services exclusion. It is broken up in to three parts, with the first part addressing broad issues such as when something is deemed "professional," what it means to be a "service," and when a claim is deemed to "arise from" a professional service rather than being tangential to it. Show less

The article provides a general overview of when claims “arise out of professional services,” both in the context of coverage under professional liability policies, and in PL exclusions. The article further addresses issues that arise in the context of specific professions: attorneys, medical providers, architects and engineers, and technology professionals.

This article is intended to assist insurers and their counsel in identifying and proving what a reasonable rate for independent counsel is through reference to empirical and unbiased matrices of regional rates. Re-posted by the National Association of Legal Fee Analysis. http://www.thenalfa.org/blog/article-using-regional-fee-scales-as-evidence-of-reasonable-rates/

This comprehensive reference tool focuses on proving whether claims are “related” or “interrelated.” The first half of the article is devoted to explaining general principles and common procedural issues, such as who bears the burden of proving relatedness. The second half divides up the nearly-two hundred decisions by type-of-claim (securities, legal malpractice, medical malpractice, employee dishonesty, and many more), providing a brief summary of the factual finding in each and identifying… Show more

This comprehensive reference tool focuses on proving whether claims are “related” or “interrelated.” The first half of the article is devoted to explaining general principles and common procedural issues, such as who bears the burden of proving relatedness. The second half divides up the nearly-two hundred decisions by type-of-claim (securities, legal malpractice, medical malpractice, employee dishonesty, and many more), providing a brief summary of the factual finding in each and identifying which factors predominate in each type of claim. This article has been cited in:

• Fair Isaac Corp. v. Certain Underwriters at Lloyd's, 2022 U.S. Dist. LEXIS 224879, *4, 2022 WL 17670081 (December 14, 2022);
• Cushman & Wakefield, Inc. v. Illinois National Insurance Co., 2018 WL 1898339 (N.D. Ill. Apr. 20, 2018);
• Adi Worldlink, LLC v. RSUI Indem. Co., 2017 WL 6403047 (E.D. Tex. Aug. 16,
2017).

Randy Maniloff has described it as the "definitive article" on Related Acts Provisions. http://coverageopinions.info/Vol5Issue10/RelatedActs.html Show less

This review of Related Acts Provisions details numerous general principles relied upon by courts in determining whether claims are "related," and provides a detailed analysis of trends within discrete fact patterns.

A comprehensive analysis of policy provisions which turn on whether claims/occurrences are "related" or "interrelated." Analyzing over 200 decisions nationwide, this article provides a broad examination of these provisions and assists in finding relevant case law on the subject. This article has been cited in:

• Worthington Fed. Bank v. Everest Nat’l Ins. Co., 110 F. Supp. 3d 1211 (N.D. Ala. 2015);
• Burks v. XL Specialty Ins. Co., --- S.W.3d ----, 2015 WL 6949610 (Tex. App. – Nov… Show more

A comprehensive analysis of policy provisions which turn on whether claims/occurrences are "related" or "interrelated." Analyzing over 200 decisions nationwide, this article provides a broad examination of these provisions and assists in finding relevant case law on the subject. This article has been cited in:

• Worthington Fed. Bank v. Everest Nat’l Ins. Co., 110 F. Supp. 3d 1211 (N.D. Ala. 2015);
• Burks v. XL Specialty Ins. Co., --- S.W.3d ----, 2015 WL 6949610 (Tex. App. – Nov. 10, 2015);
• Adi Worldlink, LLC v. RSUI Indem. Co., 2017 WL 6403047 (E.D. Tex. Aug. 16,
2017);
• 4 New Appleman on Insurance Law Library Edition § 26.08 (2020);
• Insurance Coverage of Construction Disputes § 4:7 (2d ed);
• Dale Joseph Gilsinger, Construction and Application of "Interrelated Wrongful Acts" in Liability Insurance Policies, 13 A.L.R.7th Art. 7 (2016). Show less

Because insurance companies are precluded from declaring bankruptcy, insurer rehabilitations and liquidations are conducted in state courts, which can create difficulties in compelling other courts to stay or dismiss cases against the insurer in favor of such proceedings. This article is a how-to guide for convincing courts to defer to the state rehabilitation/liquidation proceedings.

The Professional Liability Compendium is a 50-state survey of legal issues relevant to coverage practitioners dealing with Professional Liability policies, including the law in each state as to what constitutes professional services, the effect of late notice, and the interpretations of common exclusions. Jack drafted the chapters detailing the relevant law in Illinois and Missouri.

The Compendium was reviewed by Randy Maniloff in the December 2012 edition of his insurance newsletter… Show more

The Professional Liability Compendium is a 50-state survey of legal issues relevant to coverage practitioners dealing with Professional Liability policies, including the law in each state as to what constitutes professional services, the effect of late notice, and the interpretations of common exclusions. Jack drafted the chapters detailing the relevant law in Illinois and Missouri.

The Compendium was reviewed by Randy Maniloff in the December 2012 edition of his insurance newsletter Coverage Opinions: "If you are involved in any way with professional liability insurance coverage, you need to have a copy of DRI’s Professional Liability Insurance Coverage Compendium on your desk. It’s just that simple." Show less