same for every hard to top this policy or are we going to change it for the attorney disciplinary phase of no i don't i don't think you're going to change it but what's legal services mean under the terms of the in the policy and by the way the it is also referred to in that section of the policy that if this were just the what is the legal service round the mall to withstand mansions either however for whatever it's worth the sting wish will from this case because of the fact that what he did during the court in the this exclusion is very different the policy in policy generally is that by billet policy such as this has a general duty of defense this particular duty of defense is different than the other duty of defense and policy it is even though the policy doesn't apply to build those things even though we're not going to let you have coverage for those things and this it says the company should provide the insured with the defense of such a claim unless and until the dishonest president criminal malicious shit that you say creates home french rump legal snow and i don't believe it has to because there are two pieces through that that it's damages arising out of the performance of legal services and what you're saying though is that this is there's no question this is legal services yes all right so if you agree if we say this is not a legal services  lose if the court is that blanket over the whole thing yes right but isn't it yes but what we have to do when we look at a policy we can't throw out legal fees or legal services or damages or claims or what would i do think you have to read the whole policy and read it is people with the expectation of the policyholder yes if people would read it and what the language says ok so you say it's completely i know you disagree with the judge's ruling on summary judgment situation where he the man had relates entirely to fees and the policy excludes from the definition of damages which isn't included in the policies insuring remit which of course is the basic means of coverage for the the damages do not include any relief stop that includes fees or any injuries that are a consequence of the return of fees so even then the situation would not whom volved covered a covered cl and then returning back to the damage the shoes which is the source of the appeal because this is a few dispute them just must be the same just must be found in this case the images are case is covered is because his client failed to go to the court to seek out the enhanced fee under the relevant statute that statute which he claims which was a diseased it at issue fine presumably it also constitutes a breach of the contract for services and would probably exculpate i'm not sure that when exculpate the client's duty to coverage because it neither alleges damages nor does it alleged legal services so in a situation like the one you propose i think that there is a possibility in that case that legals legal services would have been allege but still if the relief sought simply is legal fees or the return of legal fees are any injuries or consequence of the return of legal fees that relief would not be covered under the polls i think this case couldn't you argue that but for his legal services to the client we're going to buy peace but for those legal services that you provide that would have never been in new york pct i think and too clearly his right to any kind of a fee any kind of arose out of providing those legal service so that if somebody charges him with the handling of the legal not now let's why the judge ruled differently on larry d c proceeding the she did on the original complaint right yes that is correct because there's no coverage on the policy for the original complaint  the definition of legal services is included in practice right right and so in that case that is so in the underlying action the court found that there were no damages and for that reason there was no coverage  you look to the definitions for a portion of the policy right or the word definitions it says we're never used in this policy so any words a defined term in the policy applies to every aspect of the policy with regards to your specific question personal injury is a defined term in the house to find out the personal injury is defined as an injury resulting from an act or a mission arising out of also arrest the tension or imprisonment arising out of has to be cut off right at the point where you get a free well there are others there are other actions by an attorney with which would not constitute legal services as defined by the policy as well but any kind of mischief that arises out of the fees it's themselves would be covered by the legal  s to the supplementary paintings i think the important thing to look at the supplementary payments provision right off the bat the company continental has taken that damages issue away it's gone it says although not damages so we're we're right in right there and this brings back this legal services in brings back the legal services but this says arising out of an act or omission it to read that in the way that counsel wants it read means the legal services it's an undertaking you cannot divorce a settlement sheet you cannot divorce the be an agreement from the undertaking the representation of the client how i distribute the fees in the settle how i do that is part of my representation of a client i can't divorce that say i'm not doing that i can commit malpractise in the course of so you can't say that that's not a right as well you can give it to you can you you can narrow it down the fine you know because because the provision starts with that phrase although now that damages and damages is where that the concept of is it so consequently