Listing of Occupations Key to Court’s Decision
A municipal government brought a declaratory judgment alleging its insurer had defense and indemnity obligations under commercial general liability (CGL), linebacker and umbrella insurance policies for federal court judgments entered against the county in civil rights litigation relating to law enforcement services in criminal matters. The underlying case involved litigation filed by six wrongfully convicted individuals in a rape and murder case. As matters of first impression the Nebraska Supreme Court held the policies' professional services or professional liability exclusions did not apply to acts of law enforcement, and the exclusions did not apply to acts of sheriff's deputy who was also a psychologist. Law enforcement was not on the list of professions, but instead appears as one of five specified categories of occupations under the occupation liability exclusions. Additionally, the fact that the umbrella policy lists law enforcement as an occupation rather than a profession was particularly compelling to the court.