False Statements Under Oath Do Not Fall Under “Professional Services” For Insurance Agent
A Mississippi District Court did not buy an argument that testifying under oath should be considered “professional services” for an insurance agent. The issue arose when an insurance agent made misrepresentations on an application for coverage for a mall, which subsequently burned down. The agent sought defense and indemnify from his professional liability carrier even though he was not covered under the policy when he made the error. Instead, he argued that he testified incorrectly under oath about the matter during the policy period, which should trigger coverage. The Court did not buy this argument and made it clear that testifying under oath is not part of the “professional services” that are covered under a professional liability policy for an insurance agent.