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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

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

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

Insurer has broad discretion to settleeven over its insured’s objection
  • Jorden Burt LLP
  • USA
  • August 18 2011

Dr. Mohan Papudesu was a defendant in a wrongful-death lawsuit

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

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

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

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

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

Medical malpractice cap agreement intended to protect insurance availability for Virginia's healthcare providers
  • LeClairRyan
  • USA
  • November 12 2010

The Virginia Trial Lawyers Association (VTLA) and the Medical Society of Virginia (MSV) have reached an agreement that would maintain an aggregate medical malpractice cap for the next 20 years, if approved by the Virginia General Assembly