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Insurer not entitled to rescission as matter of law based on undisclosed malpractice claim made after application was submitted
  • Wiley Rein LLP
  • USA
  • October 20 2010

The U.S. 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


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


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


Ninth Circuit affirms dismissal of negligent misrepresentation claim
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • September 4 2013

In its recent decision in MultiCare Health System v. Lexington Ins. Co., 2013 U.S. App. LEXIS 17981 (9th Cir. Aug. 28, 2013), the United States Court


Dental malpractice coverage required under senate-approved legislation
  • Duane Morris LLP
  • USA
  • June 24 2011

Legislation that requires dentists to carry malpractice insurance cleared the Senate


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


District court narrowly interprets bodily injury exclusion
  • Wiley Rein LLP
  • USA
  • June 23 2011

The United States District Court for the Southern District of West Virginia has narrowly construed a bodily injury exclusion in a professional liability insurance policy in connection with determining that coverage existed for negligent supervision claims against the insured related to allegations of patient molestation by the insured’s employee


Oklahoma court holds no coverage for medical malpractice claim
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • February 1 2013

In its recent decision in Admiral Ins. Co. v. Thomas, 2013 U.S. Dist. LEXIS 10754 (W.D. Ok. Jan. 28, 2013), the United States District for the


Liability insurers may have duty to defend against federal prosecutions, California Court of Appeal holds
  • Hinshaw & Culbertson LLP
  • USA
  • May 6 2013

The Second Appellate District of California held on May 1 in Mt. Hawley Ins. Co. v. Lopez that California Insurance Code section 533.5(b) does not


Reinsurer’s request to belatedly amend “imprecise” pleading denied due to lack of diligence
  • Jorden Burt LLP
  • USA
  • September 6 2011

Employers Reinsurance Corporation was denied a request to correct “imprecise” language in its answer and counterclaim in a suit brought against it by a medical malpractice insurer for failing to fund a settlement of a lawsuit against one of the malpractice insurer’s covered physicians