Professional Liability versus General Liability

Our insured is a dentist. He has a general liability policy with no professional services endorsement. A claimant was in the dental chair having X-rays done on her mouth when the X-ray machine fell on her; she was hit in the head and the chest. Now, the claimant is complaining of vision changes and wants to see a neurologist.

The manufacturer of the X-ray machine has been put on notice as well as the installer of the machine, but we are wondering about coverage for our insured. Would this claim fall under professional liability services and be excluded by the CGL form?

Kansas Subscriber

The injuries suffered by the claimant were not the result of any malpractice on the part of your insured, such as the claimant being burned by the misuse of the X-ray machine. The machine probably fell because it was not installed properly or perhaps because of wear and tear, neither of which serves as an example of professional services on the part of your insured. The event is similar to a light fixture or a mirror falling off the wall and hitting a patient, so this is a premises liability issue.

There can be a fine line between a claim based on professional liability and one based on general liability, and the decision about which coverage applies is usually based on the facts of the situation. In this instance, the facts point toward a premises liability claim and the CGL form is the proper coverage for the bodily injury claim of the patient.