Lindheimer v. St. Paul Fire Marine Ins. Co., 643 So.2d 636, 638 (Fla. 3d DCA 1994). We find Alpha Therapeutic Corp. v. St. Paul Fire Marine Insurance Co., 890 F.2d 368 (11th Cir. 1989), instructive. There, the Eleventh Circuit held that a medical technician's error in transcribing test results was an error in performing a professional service.
It notes that “in adopting the ‘intricate part doctrine' the [Puerto Rico] Supreme Court cited as persuasive authority . . . Alpha Therapeutic Corp. v. St. Paul Fire and Marine Ins. Co., 890 F.2d 368, 370-71 (11th Cir. 1989), which is the same case cited by Universal to support its position that record keeping practices and miscommunication of medical information to treating physicians, if not professional services on their own, are clerical tasks . . . intricately related to the rendering of the professional services by Hogar.” Id. at 25.
It notes that “in adopting the ‘intricate part doctrine' the [Puerto Rico] Supreme Court cited as persuasive authority . . . Alpha Therapeutic Corp. v. St. Paul Fire and Marine Ins. Co., 890 F.2d 368, 370-71 (11th Cir. 1989), which is the same case cited by Universal to support its position that record keeping practices and miscommunication of medical information to treating physicians, if not professional services on their own, are clerical tasks . . . intricately related to the rendering of the professional services by Hogar.” Id. at 25.
The same was true in Assurance Co. of America v. American Registry of Radiologic Technologists, 64 F. Supp. 3d 1289, 1291 (D. Minn. 2014). Finally, in Alpha Therapeutic Corp. v. St. Paul Fire and Marine Insurance Co., 890 F.2d 368 (11th Cir. 1989), the tortfeasor was a medical technician. 890 F.2d at 369.
Driggers' argument, that the other alleged acts in the Underlying Lawsuits were not part of the “roof test,” is similar to arguments propounded by insureds defending against the “professional services” or “medical services” exclusions. These exclusions typically exclude from coverage injuries to third persons arising out of or caused by the rendering or failure to render “any professional service[,]” see Alpha Therapeutic Corp. v. St. Paul Fire & Marine Ins. Co., 890 F.2d 368, 369 (11th Cir.1989); or “ ‘... [m]edical, surgical, dental, x-ray or nursing service, treatment, advice or instruction ... [or] any health or therapeutic service, treatment, advice or instruction....’ ” Colony Ins. Co. v. Suncoast Med. Clinic, LLC, 726 F.Supp.2d 1369, 1372 (M.D.Fla.2010).In cases involving the professional or medical services exclusions, several courts within this district have held that clerical and ministerial duties, medical transcription transportation of a patient, and administrative duties like hiring medical staff and implementing emergency procedures are “intricate” or “integral” parts of medical services, thereby “arising out of” professional or medical services.
" Id. Thus, "[t]o suggest that the use of any non-professional to perform some part of the professional undertakings contemplated in a professional services contract somehow alters the nature of services being performed is simply untenable." Id.; see Alpha Therapeutic Corp. v. St. Paul Fire and Marine Ins. Co., 890 F.2d 368, 370-71 (11th Cir. 1989) (finding that transcription error of medical technician testing blood was committed while performing a professional service). As the clerical act of labeling cremated remains is inextricably intertwined with the professional service of cremation, the allegations of the Underlying Action complaint fall squarely within the Ultraflex Policy's professional services exclusion.
Purely ministerial acts requiring no expertise fall without the scope of professional services. Alpha Therapeutic Corp. v. St. Paul Fire Marine Ins. Co., 890 F.2d 368, 370 n. 6 (11th Cir. 1989). The Court has serious doubts regarding Piper's contention — unsupported by a shred of relevant case law — that a failure to follow accounting procedures does not constitute a professional service.
See Wheaton Triangle Lanes, Inc. v. Rinaldi, 236 Md. 525, 204 A.2d 537, 540 (1964); Ray v. William G. Eurice Bros., 201 Md. 115, 93 A.2d 272, 279 (1952). Moreover, an insurance policy is not rendered ambiguous merely by virtue of the fact that it requires careful reading, Viger v. Commercial Ins. Co. of Newark, N.J., 707 F.2d 769, 774 (3rd Cir. 1983) (applying Pennsylvania law), or analysis, Alpha Therapeutic Corp. v. St. Paul Fire Marine Ins. Co., 890 F.2d 368, 370 (11th Cir. 1989) (construing Florida law). Charles Benner testified at trial that he would have understood the household exclusion if he had read it when renewing his policy in December 1991. He also stated that the exclusion would not have been any clearer to him if it mentioned the Maryland Financial Responsibility Law instead of merely "Maryland Law."
A. 757 F.2d 1172 1174 463 So.2d 1153 986 F.2d 1379 1381 605 So.2d 911 915 88 So.2d 888 874 F.2d 1447 1456 352 So.2d 1172 986 F.2d at 1382 696 F.2d 1290 1292 890 F.2d 368 370 441 So.2d 175 178 76 So.2d 285 286 369 So.2d 938 B.
Since the facts had been established beyond dispute, the only remaining issue, whether the acts rendering Colonial liable were "professional services," was a matter of law. See Alpha Therapeutic Corp. v. St. Paul Fire and Marine Ins. Co., 890 F.2d 368 (11th Cir. 1989). The district court determined that Colonial's activities constituted "professional services" as a matter of law: