The appellate division of the New York Supreme Court held in Walker v. Erie Insurance Co., 210 A.D.3d 1375, 178 N.Y.S.3d 650 (NY App. Div. 11/10/22) that giving a pedicure fell within the scope of the policy’s professional services exclusion. The professional services exclusion excluded coverage for “‘bodily injury’ . . . due to . . . [t]he rendering of or failure to render cosmetic . . . services or treatments.” Under the case facts, the plaintiff contracted an infection from a pedicure. It was alleged that the infection arose out of the insured’s failure to apply appropriate cleaning and sanitizing techniques prior to the pedicure in preparation for the rendering of professional services. The Court found that the exclusion subsumed the preparatory activities.
