American & Foreign Ins. v. Colonial Mortgage Co.

The umbrella carriers argued before the district court that they owed no duty to Colonial concerning the underlying lawsuit brought against Colonial by the Fords because of the “professional service” liability exclusions contained in the umbrella policies. The district court agreed, and upon Colonial’s appeal to this court, the umbrella *1167carriers again asserted that as a result of the “professional service” exclusions, they owed no duty to indemnify Colonial. The majority disposes of this case based on an argument neither the umbrella carriers, nor the district court considered. Although…