We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 28

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

Punitive damages award fails to implicate dishonesty exclusion

  • Wiley Rein LLP
  • -
  • USA
  • -
  • June 9 2011

The United States District Court for the Southern District of West Virginia has held that the dishonesty exclusion in a directors, officers and trustees liability policy was not triggered by a jury's award of punitive damages based on a finding of "fraudulent" conduct because the causes of action that gave rise to the jury's verdict against the insured did not involve fraudulent or dishonest conduct

Medical malpractice premiums to increase in New York

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 6 2007

On July 2, 2007, New York State Insurance Superintendent Eric R. Dinallo announced that the Department approved a 14 increase in medical malpractice insurance rates

Professional liability policy proceeds not property of bankruptcy estates

  • Wiley Rein LLP
  • -
  • USA
  • -
  • June 23 2011

The United States Bankruptcy Court for the District of Nevada has held that proceeds from a professional liability policy were not property of the insured-debtors' bankruptcy estate because the proceeds were payable only for the benefit of third party claimants and could not be accessed by the debtors directly

GAO and federal court weigh in on Section 111 infirmities but it's business as usual for CMS during town hall call

  • Wiley Rein LLP
  • -
  • USA
  • -
  • April 27 2012

The most newsworthy Section 111 developments come from a federal District Court that recently declared a legal malpractice insurer not to be a Responsible Reporting Entity (RRE) and the U.S. Da Silva Moore

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

Payments by captive insurer count as loss for purposes of excess coverage

  • Wiley Rein LLP
  • -
  • USA
  • -
  • January 13 2011

A trial court in Massachusetts has held that payments by an insured's captive insurer, which provided the primary layer of insurance, count as loss for purposes of triggering an excess insurer's coverage obligation

Insurer not entitled to rescission as matter of law based on undisclosed malpractice claim made after application was submitted

  • Wiley Rein LLP
  • -
  • USA
  • -
  • November 9 2010

The United States District Court for the Northern District of Illinois, applying Illinois law, has held that it could not determine that a physician's failure to disclose a claim made while his application for malpractice insurance was pending was a material misrepresentation as a matter of law

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

Eighth Circuit finds notice sufficient under claims-made policy

  • Wiley Rein LLP
  • -
  • USA
  • -
  • May 23 2011

The United States Court of Appeals for the Eighth Circuit, applying Minnesota law, has held that an insured's letter to the insurer enclosing a notice of administrative investigation satisfied the timing and content requirements of a claims-made policy's notice provision