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Results: 1-10 of 301

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


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


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


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


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


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


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


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


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