In this insurance coverage action, Edward Garland “Garland” and his law firm Garland, Samuel & Loeb, P.C. appeal the trial court’s granting of American Safety Casualty Insurance Company’s “American Safety” motion to dismiss. Specifically, Garland and his firm argue that the trial court erred in finding that under the professional liability insurance policy issued to Garland’s firm, American Safety had no duty to defend Garland or the firm in a breach-of-contract claim. For the reasons set forth below, we affirm. We treat American Safety’s motion to dismiss as a motion for judgment on the pleadings, because its motion was predicated on Garland’s complaint and the contract incorporated therein. Haldi v. Piedmont Nephrology Assoc., P.C. 1 “On appeal, we review de novo the trial court’s decision on a motion for judgment on the pleadings, and we construe the complaint in a light most favorable to the appellant, drawing all reasonable inferences in its favor.” Punctuation omitted. Id.
So viewed, the record shows that in 2005, Garland’s law firm, purchased a “Lawyers’ Professional Liability Insurance Policy” from American Safety. The “Coverage” section of the policy provides: The Company will pay on behalf of the Insured all Damages that the Insured becomes legally obligated to pay as a result of any Claim first made against the Insured during the Policy Period and reported to the Company during the Policy Period, or within 60 days thereafter or during the Extended Reporting Period, if purchased, for any actual or alleged act, error, omission, or Personal Injury resulting from the performance of Professional Services . Emphasis supplied. The policy defines “Professional Services” to mean “services rendered by an Insured for others as a lawyer, notary public or title agent. . . .” In addition, the “Exclusions” section of the policy provides in part that American Safety “will not pay Damages or Claim Expenses in connection with any Claim . . . arising out of an obligation assumed under any written or oral contract or agreement other than an obligation to perform Professional Services.”
