Professional Liability
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Claims-Made vs Occurrence Coverages
January 23, 2023 | Company Specific Programs|Contract Analysis|Discussion
This discussion looks at the differences between a claims-made policy and an occurrence policy, and how the retroactive date affects coverage under the claims-made form.
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Oklahoma Department Announces Exceptions to Form Filing Regulations
November 03, 2022 | Discussion
An announcement from the Oklahoma Insurance Department identifies certain lines of business that are now exempt from form filing requirements.
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New York's Grieving Families Act Goes to the Governor's Desk
August 08, 2022 | Historical Lit Watch
The new law, if signed by Governor Hochul, would expand the recovery available after the loss of a loved one.
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No Coverage for Attorney Fees in Consumer Protection Suit out of Massachusetts
July 25, 2022 | Historical Lit Watch
The liability coverage for "damages because of bodily injury" did not extend to attorneys' fees under a cleaning company's business liability policy.
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Professional Liability Insurer for Indicted 'Lottery Lawyer' Ordered to Pay Costs
July 11, 2022 | Historical Lit Watch
A federal judge has ordered Fireman's Fund Insurance Company, who wrote a professional liability policy for former Rivkin Radler partner Jason Kurland, to pay defense costs in Kurland's criminal trial.
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Federal Rules Go Toe-to-Toe with State Law over Med-Mal Suit
June 13, 2022 | Historical Lit Watch
The U.S. Court of Appeals for the Ninth Circuit looked to its sister circuits last week when considering whether a district court erred in dismissing a plaintiff's malpractice claim for failing to file an arbitration declaration requirement under Washington state law.
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State Claim Handling Requirements - 4/22
April 18, 2022 | Charts
Chart providing claim handling requirements as laid out in state statutes.
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Multi-Million Dollar Insurance Case Hinges on Oxford Comma
February 08, 2022 | Historical Lit Watch
A court has ruled on the Oxford comma, finding that a policy's punctuation was not unclear and that a professional liability policy did not cover a multimillion-dollar judgment resulting from a lawsuit.
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Insurance Coverage Q&A: A Question of Professional Liability or General Liability?
January 03, 2022 | Questions & Answers
When a patient falls in the medical exam room due to sonogram gel spill is this a professional liability or general liability claim?
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Superior Court: Nurse Seeking Damages for Vaccine-Related Injuries Must First Exhaust Remedies under Vaccine Act
September 30, 2021 | Historical Lit Watch
The Pennsylvania Superior Court remanded and instructed a lower court to dismiss a nursing manager's medical malpractice complaint after she sought damages for vaccine-related injuries without first exhausting available remedies under a national program.
