[CLC-Discussion] Insurance Coverage for Unlicensed Practice of Architecture, Engineering, Contracting, etc.

[Bryan L. Capps]

I have a pretty indisputable case against an adversary for unlicensed practice of (landscape) architecture.  The defendant held himself out as a landscape architect.  The plaintiff only discovered differently after the job was pretty much done, when the project looked like you-know-what.  The work had to be re-done at significant cost.  Plaintiff has sued for breach of contract, negligence, disgorgement, Fla. Stat.  §768.0425, etc.   Liability's not really the issue.  The real issue is that, absent insurance coverage for the claim, the defendant likely does not have the financial wherewithal to respond to a judgment of any size.  His CGL carriers tentatively disclaim coverage due to the ostensible lack of any covered "property damage" (as defined in the policies).

Anyone ever successfully obtained CGL insurance coverage under such a situation, i.e., where the arguable cause of the plaintiff's injury is the defendant's falsely holding himself out as a landscape architect and doing such work without a license?  If so, what legal theory did you use and what specific coverage was invoked (e.g., advertising injury, etc.)?

Bryan L. Capps, Esq.
Board Certified in Construction Law by the Florida Bar
Moye, O'Brien, Pickert & Dillon, LLP
800 S. Orlando Ave.
Maitland, FL 32751
Ph:  (407) 622-5250
Cell: (407) 808-0098
bcapps at moopd.com<mailto:bcapps at moopd.com>
www.moopd.com<http://www.moopd.com>

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