Professional Liability Guide
PROFESSIONAL LIABILITY GUIDE
The Full Court therefore held:
the professional services exclusion must relate to a narrower band of activity than the general work or activities of Reed, as this would otherwise inappropriately circumscribe the cover provided by the D&O policy; the expression ‘professional services’ in the exclusion clausemeant services of a professional nature involving the ‘application of skill and judgment by the person or persons who carried out the relevant activities on behalf of [Reed] … being services which fall within the scope of a vocational discipline which is generally regarded as a profession.’ The exclusion was, therefore, designed to exclude activities that were truly professional in nature, consistent with Kenny J’s decision; and Mr Robinson’s conduct involved the routine provision of information and therefore did not involve rendering project management services. Even if project management were a profession, Mr Robinson’s conduct did not constitute the rendering of ‘professional services’ .
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