A veterinarian's professional liability policy purported to provide
defense and pay sums for which he was legally liable because of
injuries arising out of ".... any malpractice, negligent
act or omission .... in rendering or failing to render professional
services or otherwise resulting from the insured's status as a
veterinarian."
The insured appealed from a judgment that the insurance company
was not obligated to defend a lawsuit brought by an employee whose
hand was bit by a cat in the office. It was alleged in the complaint
that the veterinarian had "negligently forced (the employee)
to return to work before a prior hand injury .... had been healed,
and did not provide (the employee) with protective gloves for
handling animals."
The appeal court found that the coverage of the subject policy
was clearly limited to "acts of professional malpractice
or negligence committed by the insured as a veterinarian...."
It did not apply to business decisions made by the insured such
as those involving conditions of employment for employees. Numerous
cases in point were cited in this connection.
The judgment of the trial court was affirmed in favor of the insurer
and against the insured.
(BLOCK, Appellant v. FIREMAN'S FUND INSURANCE COMPANY, Appellee.
Florida District Court of Appeal, Third District. No. 91-2559.
December 8, 1992. CCH 1993 Fire and Casualty Cases, Paragraph
4084.)