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Motions for summary judgment granted in part, denied in part, in action brought by hospital against insurer to recover for breach of contract for premiums drawn down from letter of credit: Lenox Hill Hosp. v. Amer. Int'l Group, Inc.

  • Farrell Fritz PC
  • -
  • USA
  • -
  • July 26 2011

In a June 7, 2011 decision by Justice Fried, the Court granted in part and denied in part cross-motions for summary judgment

Oklahoma Court holds failure to warn not a covered professional service

  • Traub Lieberman Straus & Shrewsberry LLP
  • -
  • USA
  • -
  • March 7 2013

In its recent decision in Hanover Am. Ins. Co. v. Saul, 2013 U.S. Dist. LEXIS 29739 (W.D. Okl. Mar. 5, 2013), the United States District Court for

Group not protected by an insurer's bad faith settlement under a physician's malpractice policy

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • December 11 2008

In a recent case, the Seventh Circuit held that a medical group could not pursue a claim against an insurer for refusing to settle a malpractice claim against one of the group's physicians, within the physician's malpractice policy limits, where the group was not an insured under the policy

Louisiana court holds coverage available under claims-made policy for claim made after policy expires

  • Wiley Rein LLP
  • -
  • USA
  • -
  • February 5 2008

A Louisiana Court of Appeal has held that a claims-made policy affords coverage for a malpractice claim made subsequent to the policy period if the claim is made within a year of accrual and the alleged malpractice occurred within the policy period

Missouri court of appeals finds no right of equitable contribution based on other insurance clauses

  • Locke Lord LLP
  • -
  • USA
  • -
  • January 26 2009

The Missouri Court of Appeals, Eastern District recently held that a nurse's professional liability insurer was not liable for contribution to her employer's professional liability insurer after the latter settled a wrongful death claim involving the nurse

Claims-made professional liability policy enforceable under Nevada law

  • Wiley Rein LLP
  • -
  • USA
  • -
  • March 16 2007

The United States District Court for Nevada has held that claims-made professional liability policies are enforceable under Nevada law

Notice of claim received by doctor's wife imputed to doctor and medical practice

  • Wiley Rein LLP
  • -
  • USA
  • -
  • September 14 2009

The United States District Court for the Southern District of New York has held that receipt of intent-to-sue letters by the wife of a doctor named as a defendant in an eventual medical malpractice claim who also served as vice president of the doctor’s medical firm (also named as a defendant) could be imputed to the doctor and the firm and, based on that determination, held that doctor and the firm’s two professional liability insurers were entitled to summary judgment on untimely notice and prior knowledge grounds

Florida court affirms that insurer of physician is not obligated to indemnify based upon applicability of business liability policy’s professional services exclusion

  • Locke Lord LLP
  • -
  • USA
  • -
  • January 27 2010

The District Court of Appeal of the State of Florida (the "Appeals Court") recently affirmed the trial court's determination that a doctor's business owner insurer was not obligated to indemnify the doctor for a wrongful death suit that resulted, in part, from the mis-filing of laboratory results by the doctor's assistant, although it did have a duty to defend

Plaintiffs waived waiver by failing to object to an argument's improper inclusion in a Rule 50(b) motion

  • Kelley Drye & Warren LLP
  • -
  • USA
  • -
  • June 8 2010

Tracey Wallace had trouble reading small print and driving at night

Medical malpractice cap agreement intended to protect insurance availability for Virginia's healthcare providers

  • LeClairRyan
  • -
  • USA
  • -
  • November 12 2010

The Virginia Trial Lawyers Association (VTLA) and the Medical Society of Virginia (MSV) have reached an agreement that would maintain an aggregate medical malpractice cap for the next 20 years, if approved by the Virginia General Assembly