QBE Ins. Corp. v. Brown & Mitchell, Inc.

E. GRADY JOLLY, Circuit Judge:

In this insurance coverage/exclusion dispute, Brown & Mitchell, Inc. (“BMI”) appeals the district court’s grant of summary judgment to QBE Insurance Corp. (“QBE”). QBE originally filed a declaratory judgment action to determine whether BMI’s excess commercial general liability policy (the “Policy”) required QBE to provide coverage for or defend BMI in a wrongful death suit. QBE argued that the underlying incident did not constitute an “occurrence” under the Policy or, in the alternative, that BMI’s alleged misconduct fell within the Policy’s “professional…