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Medical malpractice premiums to increase in New York
  • Locke Lord 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

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

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

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

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

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

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

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

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