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Coverage Question Series – Part 48
Post on March 29th, 2019
This is a continuing series in which we address policy coverage questions that we routinely discuss with you and your colleagues. The answers provided are based on the basic policy form, currently LPLP-1s (effective for all policies new or renewed as of May 1, 2018). Refer to your specific policy and any endorsements attached thereto that may change coverage or the answers provided here.

I received a complaint relating to my CLE presentation, am I covered?

Yes, subject to some limitations. You were asked to volunteer your time in preparing and presenting a continuing legal education seminar on patent litigation. You deep dive into the case law and find perfect examples from around the U.S. to provide to the attendees. Shortly after your first presentation, however, you receive a complaint for numerous causes of action, none of which are particularly meritorious, from a plaintiff in one of the example cases. Who would have thought patent trolls would be so litigious?

The OBLIC policy form defines “Professional Services” as including “the publication of legal research or legal articles as an author or speaker, only if the annual fees generated from all such work are less than $5,000.” II. DEFINITIONS, (i), p.4. There may be exclusions and exceptions to coverage depending on the nature of the allegations, but the OBLIC policy form provides coverage for alleged acts, errors, or omissions arising from legal work associated with speaking engagements.

As you should expect, these Q&A scenarios are based on simple hypotheticals. Coverage determinations for an actual claim are ultimately based on the unique facts, applicable law, and the Terms, Conditions, Limitations, Exclusions, and Endorsements of your policy.
Please contact me at [email protected] if you have any questions!
Carl Marsh, Esq.
Claims Counsel