Insurance Professional Malpractice

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Supreme Court of Mississippi Affirms Disclaimer Based on Professional Liability Exclusion

In its recent decision in Gray v. Arch Specialty Ins. Co., 2014 Miss. LEXIS 534 (Miss. Oct. 23, 2014), the Supreme Court of Mississippi had occasion to consider whether allegations against a paramedic company for negligent...more

Recent Developments in PA and NJ Regarding Scope of Privilege for Health Care Facilities Engaged in Peer Reviews and Self-Critical...

Three recent cases offer guidance to health care entities in Pennsylvania and New Jersey regarding the discovery of documents created in connection with peer reviews, quality of care reviews and adverse event investigations...more

Doctors, Lawyers and the Controversial Prop 46

What's the most controversial measure on California's November ballot? The insurance regulation bill, Prop 45, may be a good contender – but more than likely the controversy over Proposition 46 will win the contest hands...more

Do Lawyers Professional Liability Policies fall within the “no prejudice” amendments to New York’s Insurance Law for late notice?

The New York State Insurance Department has issued an ambiguous opinion taking the position that the amendment to Insurance Law §3420(a)(5), changing the “no prejudice” rule, applies to all liability policies, which arguably...more

“Prior or Pending Litigation” Exclusion Bars Coverage for Litigation that Was Unknown to Policyholder

Companies that do business with the federal government, or whose business transactions otherwise involve payments by the government, undoubtedly understand the exposure they face to “whistleblower” or “Qui Tam” lawsuits...more

Hacking Coverage Dispute Under Professional Liability Policy Gets the Go-Ahead from Federal Court

On October 6, 2014, a federal court denied a professional liability insurer’s motion to dismiss a coverage dispute over a $3.5 million payment the policyholder-bank made when a bank customer’s account was targeted by a...more

Long tail personal injury claims – a floodgate issue in WA?

Yesterday, the Supreme Court of Western Australia Court of Appeal heard argument in an appeal against the decision of Dixon v Clarke [2013] WASC 471....more

New Jersey’s “Direct Action Statute” Is Not A Bar To Judgment Creditor’s Coverage Action

A New Jersey appellate court recently addressed that state’s “direct action statute,” concluding that it did not prevent judgment creditors from pursuing a coverage action arising out of an LMX reinsurance spiral. The...more

Connecticut Court Holds Negligence Misrepresentation Claim Does Not Trigger Defense

In its recent decision in Pa. Gen. Ins. Co. v. Thakur, 2014 U.S. Dist. LEXIS 110251 (D. Conn. Aug. 11, 2014), the United States District Court for the District of Connecticut had occasion to consider whether a claim for...more

Insured Not Justified in Ignoring Claims-Made-and-Reporting Requirements

An insured’s attempt to circumvent the claims-made-and-reporting requirements of its professional liabilty policy, by arguing that the doctrine of promissory estoppel applied, was thwarted when a court ordered summary...more

Federal Judge Concludes Restitution May Be Covered Under Commonly Used Professional Liability Policy Language

A federal judge in Minnesota recently held that “restitution” paid to settle a class action lawsuit was covered under the terms of a professional liability policy. The court in U.S. Bank National Ass’n et al. v. Indian Harbor...more

U.S. Bank v. Indian Harbor: Another Blow to the Restitution/Disgorgement Defense

In recent years, purchasers of D&O and professional liability insurance have been stunned to learn that their carriers have denied coverage for a wide range of claims on the theory that their policies do not cover loss that...more

Massachusetts Court Holds No Coverage Under Lawyers’ Malpractice Policy for 93A Claim

In its recent decision in Am. Guar. & Liab. Ins. Co. v. Lamond, 2014 U.S. Dist. LEXIS 103117 (D. Mass. July 29, 2014), the United States District Court for the District of Massachusetts had occasion to consider what portion...more

Joint Employment Finding Leads to Unexpected $3 Million Liability in Hospital Malpractice Case

When Washington Hospital obtained an insurance policy in 2003 to cover medical claims arising from acts by its employees, its insurer probably did not consider whether hospital employees included workers supplied by a...more

Texas Court Holds Insured Failed to Timely Report Claim

In its recent decision in Netspend Corp. v. AXIS Ins. Co., 2014 U.S. Dist. LEXIS 97656 (W.D. Tex. July 18, 2014), the United States District Court for the Western District of Texas had occasion to consider what constitutes a...more

Update on medical indemnity claims statistics – Trends and risk areas

On 11 July 2014, the Australian Institute of Health and Welfare released the latest in its series of reports on medical indemnity claims in the public and private sectors. The report examined claims made, current or...more

New Jersey Court Allows Rescission of Policy and Awards Damages to Insurer

In its recent decision in Colony Ins. Co. v. Kwasnik, Kanowitz & Assocs., P.C., 2014 U.S. Dist. LEXIS 87659 (D.N.J. June 27, 2014), the United States District Court for the District of New Jersey had occasion to consider the...more

To Indemnify or Not to Indemnify? That Is the Question!

We are taught early on that we are each responsible for our own actions. If we make a mistake that results in damages to someone else, we have to pay for those damages. That is the basic concept of indemnification, and the...more

AMA Adopts Telemedicine Policy for Coverage and Payment of Telemedicine Services

During its Annual Meeting on June 11, 2014, the American Medical Association (AMA) voted to approve a list of guiding principles for coverage of and payment for telemedicine services, designed to “foster innovation in the use...more

Undoing MICRA

It has been over thirty-five years since California became a leader in healthcare reform, addressing the malpractice insurance crisis in a measured way. In 1975, the Medical Injury Compensation Reform Act (“MICRA”) capped...more

Lab Worker Infects 30. One Incident Or 30?

Thirty patients sued Exeter Hospital in New Hampshire when they came down with hepatitis C. The infection was traced to a single hospital lab employee, David Kwiatkowski. (Needless to say, David is no longer with the...more

Illinois Court Outlines Elements to Consider for Good Faith Analysis of Settlement Demand

To settle or not to settle: that is the question for liability insurers. If you are pondering whether you must accept a plaintiff’s settlement offer, read on. A recent Illinois case, Huang v. Brenson, 7 N.E.3d 729 (Ill. App....more

Appellate Court Notes

SC18961 - Robbins v. Physicians for Women's Health, LLC - The plaintiff filed this medical malpractice against a hospital, the doctor, the midwife, and the company (“PWH”) that bought the assets of the hospital after...more

New York Court Holds Underlying Claims Not Interrelated

In its recent decision in Glascoff v. OneBeacon Midwest Ins. Co., 2014 U.S. Dist. LEXIS 64858 (S.D.N.Y. May 8, 2014), the United States District Court for the Southern District of New York had occasion to consider the concept...more

Oregon Court Holds Fee Dispute Does Not Trigger E&O Policy

In its recent decision in Bennett v. United States Liab. Ins. Group, 2014 U.S. Dist. LEXIS 57873 (D. Ore. Apr. 25, 2104), the United States District Court for the District of Oregon had occasion to consider whether a dispute...more

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