The insured Pharmacy made a dispensing error of a medication prescribed by claimant Doctor, that resulted in bodily injury damages to the claimant. The insured policy has the Commercial General Liability Coverage Form, CG 00 01 04 13, the endorsement Exclusion-Designated Professional Services, CG 21 16 04 13, and the Druggists form, CG 22 69 04 13.
Is a dispensing error excluded under the exclusion B. 2. Exclusions of the Druggists form CG 22 69 04 13, or covered under that form? Is a dispensing error made by a licensed pharmaceutical pharmacist a professional service excluded under the endorsement Exclusion-Designated Professional Services, CG 21 16 04 13?
Puerto Rico Subscriber
The purpose of endorsement CG 21 16 Exclusion – Designated Professional Services is to exclude certain described professional services from the CGL. For example, if druggist or pharmacist is shown in the schedule, then this endorsement will exclude CGL claims due to the rendering of or failure to render any professional service of a druggist or pharmacist, even claims that allege they were not properly trained, supervised, or monitored, etc.
Endorsement CG 22 69 Druggists provides coverage for bodily injury and property damage arising out of the rendering of or failure to render professional health care services as a pharmacist or druggist, giving them an insured status for professional health care services performed. The professional health care services performed are those that are required by their profession as a druggist, which would include dispensing medications.
The endorsement contains an exclusion for bodily injury that arises out of any insured's consulting, diagnostic, referral, or similar service, including performing blood tests, prescribing or administering of any drugs and managing drug therapy, as required or permitted under any applicable statutes. The exclusion does not apply to pharmacists administering vaccinations.
Since the pharmacist was neither prescribing nor administering the drugs, but simply performing professional health care services in the capacity of a pharmacist, then the exclusion will not apply and there will be coverage under this endorsement for the dispensing error.