Chipokas v. Travelers Indemnity Co.

HARRIS, Justice.

Is there a duty to defend, under a professional liability insurance policy, against a claim of a fraudulent or dishonest act when the policy excludes liability coverage for such acts? The trial court held there was no duty to defend and we agree.

This action arose because of claims made in earlier suits. Plaintiff is a Cedar Rapids attorney. The Travelers Indemnity Company, defendant [Travelers] issued to plaintiff a professional liability insurance policy which was in effect during the years 1970 and 1971. Under the policy Travelers agreed:

“To pay on behalf of the insured all…