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Related acts provisions in professional liability policies
  • Mendes & Mount LLP
  • USA
  • February 7 2017

Insurance policy provisions concerning 'related' acts are frequently found in professional liability and various claims-made policies

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

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

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

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

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

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

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