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Results: 1-10 of 303

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


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


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


Comprehensive medical malpractice reforms advance in House and Senate committees
  • Foley & Lardner LLP
  • USA
  • April 18 2011

Last week, several proposals providing additional medical malpractice protection for physicians, hospitals, and medical schools, as well as proposals requiring out-of-state physicians to obtain expert witness certificates in order to testify in medical malpractice actions, advanced in the House and Senate


Professional services exclusion bars coverage for insured entity's vicarious liability
  • Wiley Rein LLP
  • USA
  • April 4 2011

A New Jersey appellate court has held that a professional services exclusion in a medical center's professional liability insurance policy precluded coverage for the center's vicarious liability for the negligence of its doctor


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


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


Florida appellate court recognizes new statutory bad faith cause of action in medical malpractice claims
  • Locke Lord LLP
  • USA
  • May 22 2007

A Florida appellate court has recognized a new statutory bad faith cause of action in medical malpractice claims


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


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