Civil Remedies › Insurance › Professional Malpractice

HMO Hit with $524M Verdict for Giving Hep C in Colonoscopies

A health insurance company rolled the dice with a Las Vegas jury and lost more than half a billion dollars....more

Appellate Notes: Week of April 1, 2013

In This Issue: - AC33703 - Sigular v. Gilson - AC33557 - Filippelli v. Saint Mary’s Hospital - AC34524 - Capel v. Plymouth Rock Assurance Corp. - AC34221 - Nichols v. The Milford Pediatric...more

Rhode Island Supreme Court Invalidates Healthcare Provider’s Right to Self-Insure

In its recent decision in Peloquin v. Haven Health Ctr. of Greenville, 2013 R.I. LEXIS 9 (R.I. Jan. 14, 2013), the Supreme Court of Rhode Island had occasion to consider the validity of a self-insured retention in a...more

Ninth Circuit Affirms Rescission of Professional Liability Policy

In its recent decision in Tudor Ins. Co. v. Hellickson Real Estate, 2012 U.S. App. LEXIS 19904 (9th Cir. Sept. 21, 2012), the United States Court of Appeals for the Ninth Circuit, applying Washington law, examined whether an...more

Does a trust beneficiary incur any personal liability?

As a general rule, one assumes no personal liability when one becomes a trust beneficiary. There are some exceptions, however. Charles E. Rounds, Jr. explains in Section 5.6 of Loring and Rounds: A Trustee’s Handbook (2012)....more

6th Circuit Addresses Prior Knowledge Defense Under Legal Malpractice Policy

In its recent decision in Schwartz Manes Ruby & Slovin, L.P.A. v. Monitor Liability Managers, LLC, 2012 U.S. App. LEXIS 12236 (6th Cir. June 15, 2012), the United States Court of Appeals for the Sixth Circuit, applying Ohio...more

Federal Court Rules that Hospital Settlement Does Not Relieve Medicare of its Payment Obligations

On May 21, 2012, the U.S. District Court for the Eastern District of Louisiana ruled that a malpractice settlement paid to the family of a deceased Medicare beneficiary did not constitute a “primary plan” for purposes of the...more

Pacific Rim v. Aon: Insurance Broker Has No Duty to Inform Subcontractor of Developer’s Insurnace Company’s Insolvency

The California Court of Appeal recently handed down a significant published decision pertaining to the duty of an insurance broker who procures a policy for the the developer of a construction project. The Fourth Appellate...more

How the Health Care and Insurance Industries Work to Limit Your Legal Rights

This is part two of a three-part series. The first part appeared yesterday on the Lawyers.com Blog. Washington, D.C., may seem far away, but a tort reform bill under consideration by Congress will affect you if you are...more

81-Year-Old Dentist Defiant After Settling Teen Death Lawsuit

An aged dentist remains defiant after his malpractice insurer paid out $1 million to the parents of the young girl who died after anesthesia in his office. He claims he's settled nothing, and that he's demanded an...more

Weekly Law Resume - September 29, 2011: Torts-Vicarious Liability-Joint Tortfeasors

PacifiCare of California, et al. v. Bright Medical Associates, Inc. Court of Appeals, Fourth District (September 2, 2011) Code of Civil Procedure Section 877.6 provides that one defendant who is a "joint tortfeasor" may...more

New York’s Medicaid Redesign Plan -- The Neurologically Impaired Infant’s Fund: True Relief or Looming Disaster?

The true cornerstone of Gov. Andrew Cuomo’s Medicaid Redesign Team is the creation of a new fund designed to pay particular (and limited) medical expenses for neurologically damaged infants. The proposal was introduced by the...more

Texas Supreme Court Limits Medical Expense Evidence to Amount Actually Paid or Incurred

While CPRC § 41.0105 limits a plaintiff’s recovery of medical expenses to those that are actually paid or incurred, can the full, non-discounted bills be presented to a jury? The Texas Supreme Court addressed this issue on...more

Judge to 'Ponzi Disciples' – Don't Look to Insurers

U.S. District Court for the District of South Carolina A South Carolina federal judge granted summary judgment in favor of Continental Casualty Company (CNA) in a declaratory action brought by CNA against its insureds...more

Savings From Malpractice Reform Are a Myth, Study Shows

Malpractice claims are not out of control and a damages cap would not result in big insurance savings for doctors and hospitals, according to a new study of malpractice insurance in New York state. The study comes as...more

The "Defensive Medicine" Fraud

The idea that doctors order unnecessary tests to avoid being sued has enough surface plausibility that people nod "of course" as if it's undeniable truth. The "fraud" of "defensive medicine" is two fold: It doesn't really...more

Funk & Bolton Mid-Atlantic Property & Casualty Reporter

Funk & Bolton's Coverage & Defense Practice Group provides advice and counsel to insurers in coverage and extra-contractual matters, product development and claim compliance, and defends claims and litigation matters. The...more

Claims Rep Pet Peeves

This article, by Scranton, Pennsylvania insurance defense attorney, Daniel E. Cummins, Esquire of the law firm of Foley, Cognetti, Comerford, Cimini & Cummins, was published as a "Web Exclusive" of the Claims Magazine at...more

Capping Non-Economic Damages: Fulton County, GA Judge Declares Unconstitutional

In 2005 the Georgial General Assembly created a law that capped non-economic damages for plaintiffs in medical malpractice suits at $350,000 no matter the extent of the injury or the required amount to make the victim whole...more

Indemnity and Infidelity: Advancement of Defence Costs in Actions 'By...the Corporation'

Abstract: Indemnification refers to the financial protection provided by the corporation for its directors. It shields directors from expenses and liability of legal proceedings alleging breaches of their duty to the...more

LMIC v. Lorman

Petition to Compel Arbitration and Request for Stay of Proceedings

Petition to compel arbitration and to stay proceedings under a lawyers professional liability insurance policy. ...more