The Insurance and Reinsurance Report

Professional Liability Monthly - May Edition is Now Available

For a free copy of this month's edition of Professional Liability Month, click here.

To be added to our circulation list whereby you receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com.

Cases for Professional Liability Monthly – May 2012 Edition

Cases provided courtesy of LexisNexis.

CERTAIN UNDERWRITERS AT LLOYDS, LONDON v. TRIDUANUM FINANCIAL, INC., et al

COLONIAL FREIGHT SYS. INC. v. ADAMS & REESE, LLP

GROSS v. RELL

HIRANI ENGINEERING AND LAND SURVEYING v. MEHAR INVESTMENT GROUP

JAMES RIVER INSURANCE COMPANY v. GARCIA

LOUIS F. JEFFERSON v. WAVENY CARE CENTER, INC. ET AL.

MASSEY v. FAIR ACRES GERIATRIC CENTER

MEDICAL PROTECTIVE COMPANY v. DUMA

MEYERS v. LIVINGSTON, ADLER, PULDA, MEIKLEJOHN & KELLY, P.C.

PIN v. KRAMER

REDDING v. ESTATE OF SUGARMAN,

RIVERDALE PEAKS HOMEOWNERS ASSOCIATION, LLOYD LAND AND EILEEN LAND v. AUTO-OWNERS INSURANCE COMPANY

TRICE, GEARY & MYERS, LLC v. CAMICO MUT. INS. CO.

U.S. BANK NATIONAL ASSOCIATION v. FEDERAL INSURANCE COMPANY

Professional Liability Monthly - April Edition is Now Available

For a free copy of this month's edition of Professional Liability Month, click here.

To be added to our circulation list whereby you receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com.

Cases for Professional Liability Monthly – April 2012 Edition

Cases provided courtesy of LexisNexis.

CLEAVER v. THE UNITED STATES OF AMERICA

DAVID H. MARION, ET AL. v. HARTFORD FIRE INSURANCE CO.

GERE v. LOUIS

HIESHETTER v. LIBERTY INS. CORP.

IN RE PHC, INC. SHAREHOLDER LITIGATION; PETER BLAKESLEE v. PHC, INC., ET AL.

JOBAR REALTY CO. INC. v. TOMBALAKIAN

MULTARI v. YALE NEW HAVEN HOSPITAL

PETERSON v. McGLADREY & PULLEN, LLP ET AL.

SEVEN BRIDGES FOUNDATION v. WILSON AGENCY, INC.

SHAW v. FREEMAN

VAZQUEZ v. CHS PROFESSIONAL PRACTICE, P.C.

Professional Liability Monthly - March Edition is Now Available

For a free copy of this month's edition of Professional Liability Month, click here.

To be added to our circulation list whereby you receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com.

Cases for Professional Liability Monthly – March 2012 Edition

Cases provided courtesy of LexisNexis.

Bryans v. Cossette

Cast Art Industries v. KPMG LLP

City of Alexandria v. Ratcliffe Constr. Co., LLC

Darby v. Caterino

DeJesus v. Mishra

Gere v. Louis

Gurvey v. Cowan, Liebowitz & Latman, P.C.

In Re Coudert Brothers LLP v. Development Specialist, Inc.

Matter of Sullivan Fin. Group, Inc. v. Wrynn

Mimms v. Pricewaterhouse Coopers, LLP

Serio v. Baystate Properties, LLC

Yemen Corp. v. 281 Broadway HoldingsRandall Co.

Professional Liability Monthly - February Edition is Now Available

For a free copy of this month's edition of Professional Liability Month, click here.

To be added to our circulation list whereby you receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com.

Cases for Professional Liability Monthly – February 2012 Edition

Cases provided courtesy of LexisNexis.

Willson v. Vanderlick

Corky McMillin Constr. v. US Speciality Ins. Co.

Assured Guaranty (UK) Ltd. v J. P. Morgan Investment

Darwin Select Ins. Co. v. Laminack, Pirtle & Martines

Afrim Frangu v. Eugene Axelrod et al.

Robert Grimm v. John Wayne Fox

LaBar v. McDonald

Wilcox v. Schwartz

Assouline Ritz1 LLC, et al., v. Mills & Assoc.

Farrell v. Whiteman

Charlotte Hungerford Hospital v. Kevin Creed

Professional Liability Monthly - January Edition is Now Available

For a free copy of this month's edition of Professional Liability Monthly, click here.

To be added to our circulation list whereby you receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com.

Cases for Professional Liability Monthly – January 2012 Edition

Cases provided courtesy of LexisNexis.

John J. Rivers v. Wachovia Corp.,

Upper Deck Co. v. Endurance American Specialty Ins. Co.,

Don Katz v. China Century Dragon Media, Inc.,

Fallon v. Hahnemann Hosp

Toney v. Chester County Hospital

Jeffrey v. Methodist Hospital

Swain v. Alterman

Javaid v. Weiss

Olszewski v. Jordan,

Jackson v. Truly Green Landscape and Maintenance, Inc.,

Barrick v. Holy Spirit Hosp. of the Sisters of Christian Charity

Bancroft Life & Cas. ICC, Ltd. v. Intercontinental Management Ltd.,

BancInsure, Inc. v. U.K. Bancorporation Inc.United Kentucky

Download Fireman v. Travelers Cas. & Sur. Co. of America

Professional Liability Monthly - November Edition is Now Available

For a free copy of this month's edition of Professional Liability Monthly, click here.

To be added to our circulation list whereby you receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com.

Cases for Professional Liability Monthly – November 2011 Edition

Cases provided courtesy of LexisNexis.

Endurance American Speciality Co. v Lance-Kashin & Co.

Bellacicco v. CVS Pharmacy

Romprey v. Mainolfi

Frankel v. McDonough and Drinker, Biddle & Reath

Anderson v. Pete

Oliver v. Brancroft Construction Co.

Mosier v. Stonefield Josephson, Inc. 

Greater Minnesota Credit Union v. Federal Insurance Company

Professional Liability Monthly - October Edition is Now Available

For a free copy of this month's edition of Professional Liability Monthly, click here.

To be added to our circulation list whereby you receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com.

Cases for Professional Liability Monthly – October 2011 Edition

Cases provided courtesy of LexisNexis.

Official Comm. of Unsecured Creditors Ex Rel. Estate of Lemington Home for the Aged v. Baldwin

Strugala v. Riggio

Thrower v. Whitehead

Passarello v. Grumbine

Hale v. N.E. Vermont Regional Hospital, Inc.

Lyon Financial Services, Inc. v. The Vogler Law Firm P.C., et al.

Western Surety Company v. Jean Peitrzkiewicz

Kirby E. Cole v. C. Gary Mitchell

Morson v. Kreindler & Kreindler, LLP

Building Graphics, Inc. v. Lennar Corp.

Derbin v. Access Wealth Mgmt.

Michigan First Credit Union v. Cumis Insurance Society

Liggon-Redding v. Estate of Robert Sugarman

Professional Liability Monthly - September Edition is Now Available

For a free copy of this month's edition of the Professional Liability Monthly, click here.

To be added to our circulation list whereby you receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com.

Cases for Professional Liability Monthly - September 2011 Edition

Cases provided courtesy of Lexis.

Overland Leasing Group LLC v. First Fin. Corp. Servs., Inc.

Continental Casualty Co. v. Jones

Federal Deposit Ins. Corp. v. Saphir

Chesbrough v. VPA, P.C.

Commonwealth of Pennsylvania v. Johnson

O'Connell Flaherty & Attmore, LLC v. Richter

McKeen v. Continental Casualty Co.

Greenwald v. Kantha

Professional Liability Monthly - August 2011 Edition is Now Available

For a free copy of this month's edition of the Professional Liability Monthly, click here.

To be added to our circulation list whereby you receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com.

Cases for Professional Liability Monthly - August 2011 Edition

Cases provided courtesy of Lexis.

International Strategies

Kaur v American Transit

Leeds v First Mercury

Overland Leasing v First Financial

 Talon Air

Universal Mortgage Corporation v Wurttem Bergische Versigherung Ag

Professional Liability Monthly - July 2011 Edition is Now Available

For a free copy of this month's edition of the Professional Liability Monthly, click here.

To be added to our circulation list whereby you receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com.

Cases for Professional Liability Monthly - July 2011 Edition

Cases provided courtesy of Lexis.

Am Sec Bank v Progressive

Capitol Specialty v. Sanford

Cinn Ins v Stonebridge Financial Corp

City of Binghamton v. Hawk Engineering

Grant Thortan

Laurel Woods Health v. Taylor

Madden v Abate, MD

Matharu v. Muir

MBIA

Michael Aronov v. Law Office of Row Popik

Minn Mut v Ahrens

Myers v Cooper Clinic

Snyder v. Heidelberger

Professional Liability Monthly - June 2011 Edition is Now Available

For a free copy of this month's edition of the Professional Liability Monthly, click here.

To be added to our circulation list whereby you receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com.

Cases for Professional Liability Monthly - June 17, 2011 Edition

Cases provided courtesy of Lexis.

Allen v Steele

Beese Munoz v Barbone

Carey v. City of Wilkes Barre

Charleston v Nat'l Union

Cuthill & Eddy v Cont'l Cas

Goodman v. Goldman Sachs & Co

Kelly v Lodwick

Lawyers Title v Singer

Michaels v CH2M Hill Inc

Myers v Toojays Management Corp

Nardella Chong v Medmarc

Ruder v Pequea

Waupaca Northwoods LLC v Travelers

 

Professional Liability Monthly - May 2011 Edition is Now Available

For a free copy of this month's edition of the Professional Liability Monthly, click here.

To be added to our circulation list whereby you receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com.

Cases for Professional Liability Monthly - May 15, 2011 Edition

Cases provided courtesy of Lexis.

Amboy v The Bank Advisory Group

BEI Sensors & Sys v Great Am.

Benjamin v Ahren

Bennett and United States of America

Bond v Progressive Ins Co

Capobianco v Simolike

Heim v Medical Care

Knopick v Connelly

People v. Wells Fargo Ins.

SRC Constr. v. Atl. City Hous.

 

Professional Liability Monthly - April 2011 Edition is Now Available

For a free copy of this month's edition of the Professional Liability Monthly, click here.

To be added to our circulation list whereby you receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com.

Cases for Professional Liability Monthly - April 15, 2011 Edition

Cases provided courtesy of Lexis.

Abercrombie Decision

BECHTLE and MASTER SIDLOW

Bryan Bros v Cont'l Cas Co

Doolin v. Kasin

FIREMAN and TRAVELERS

GIORDANO and UNITED STATES

HIRSCH and SCHIFF BENEFITS

Kealy

STAEHR and MORGAN

TOURE and UBOM

Zurich v. Bickerstaff

Professional Liability Monthly - March 2011 Edition is Now Available

For a free copy of this month's edition of the Professional Liability Monthly, click here.

To be added to our circulation list whereby you receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com.

 

Cases for Professional Liability Monthly - March 15, 2011 Edition

Cases provided courtesy of Lexis.

11th_Cir Order

American Express v Nath

Cohen-Esrey Real Estate v Twin City Fire Ins Co

Dream Custom Homes Inc. v Modern Day Construction

Fieldston Property Owners Association Inc v Hermitage Insurance Company

Former Insurance Co Plea_Agreement

Gillard v AIG Insurance Co

ISP Chemicals LLC v Dutchland Inc

Lopez v Johnson

MedAssets_Motion

Nat'l Union Fire Insurance Company v Small Smiles

Snolis v Clare et al

W3i Mobile v. Westchester Fire Ins Co

Waber v Dorman

Westport Ins Co v The Hamilton Wharton Group

Professional Liability Monthly - February 2011 Edition is Now Available

For a free copy of this month's edition of the Professional Liability Monthly, click here.

To be added to our circulation list whereby you receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com.

Cases for Professional Liability Monthly - February 17, 2011 Edition

Cases provided courtesy of Lexis.

Continental and Bowen

DELGRECO and PIPER

Ditch and Waynesboro Hospital

Fleming Ingram & Floyd v Clarendon Nat'l

Great American and Quintair

Integra Complaint

Kwame and First Savings

Marciano and Kraner

 NH Ins Co v MF Global

PA House Bill

Pulsar Complaint

Rajala v Lookout

Schlather and One Beacon

Sklodowsky v Lushis

Professional Liability Monthly - January 2011 Edition is Now Available

For a free copy of this month's edition of the Professional Liability Monthly, click here.

To be added to our circulation list whereby you receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com.

Cases for Professional Liability Monthly - January 14, 2011 Edition

Cases provided courtesy of Lexis.

ACA Fin. Complaint

Almeida v Marino

Care Risk v Martin

Dombrowski v Bulson

Finch v Tooher, Wocl & Leydon

Genesis Ins v Magma Design

Lubin v Cincinnati Ins

Rosell v Intl Cosmetic Surgery

Shum v Intel Corp

Wintermute v Kansas Bankers

Professional Liability Monthly - December 2010 Edition is Now Available

For a free copy of this month's edition of the Professional Liability Monthly, click here.

To be added to our circulation list whereby you receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com.

Cases Cited in This Month's Professional Liability Monthly - December 2010

Cases provided courtesy of Lexis.

Dolin v Contemporary

Federal v IFDA Order

Grabaoof v The Collern Firm

Healthcare Decision

Houston Cas v Sprint Nextel

Hughes v Brown

Milhouse v Peoria

Minn Lawyers Mut v Antonelli

Omega Advisors v Federal Ins

O Rear v Greenwich

Sgambelluri v Ironman

Sullivan Fin Group v Wrynn

Sykes v RFD Avenue

Thomas Engineering v Twin City

Weidberg v Barnett

Weissman v Kessler

Cases Cited in This Month's Professional Liability Monthly - November 2010

Cases provided courtesy of Lexis.

In re Smith & Wesson

Epstein v. Ewing

Vadovsky v. Treat

Nova Cas. v. Santa Lucia

Noonan v Harrington

Davis v Frederick

Stella Maris v Catholic Health

FDIC v Great American

Univ Mortgage v Wurttember

Kirschner v KPMG

Katrina_Decision

Lloyd_s_Brief

Zurich_dec

Professional Liability Monthly - October 2010 Edition is Now Available

For a free copy of this month's edition of the Professional Liability Monthly, click here.

To be added to our circulation list whereby you receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com.

Cases Cited in This Month's Professional Liability Monthly - October 2010

Cases provided courtesy of Lexis.

Modern Tech v Twin City

Radianse v Twin City

St. Paul v. Metro Real Estate

Stanford Order

Valiant Ins v Jawich

Westport v Napoli

Professional Liability Monthly - September 2010 Edition is Now Available

For a free copy of this month's edition of the Professional Liability Monthly, click here.

To be added to our circulation list whereby you receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com

Cases Cited in This Month's Professional Liability Monthly - September 2010

Cont'l Cas v. Olmer

Girdlestone v. ACE Ltd

Hartford Cas. v. Moore

NCMIC Ins. v. Endeshaw

Rousso v. Liberty Surplus

US Specialty v. AT&T

GenRe Decision

Toppan Complaint

Twin City Complaint

XL Spec Decision

Professional Liability Monthly - August 2010 Edition is Now Available

For a free copy of this month's edition of the Professional Liability Monthly, click here.

To be added to our circulation list whereby you receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com

Cases Cited in This Month's Professional Liability Monthly - August 2010

Cases provided courtesy of Lexis.

Community Bank v Progressive Cas

St. Luke's v. Minn Joint

General Star v. Odeh

Ashby v. Davidson

State Farm-Allstate Decision

Cochran Complaint

Stanford Order

 

Professional Liability Monthly - July Edition is Now Available

For a free copy of this month's edition of the Professional Liability Monthly, click here

To be added to our circulation list whereby you receive this publication for free each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com

 

Professional Liability Monthly, June Edition is now available

For a free copy, click here.

To receive the Professional Liability Monthly directly via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com

Cases Cited in This Month's Professional Liability Monthly - June 2010

Cases provided courtesy of Lexis.

Yocum v. St. Paul Mercury Insurance

Eastpointe v. Travelers

Hilb Rogal & Hobbs v. Indian

Minn Law. Mut. v. Batzli

Minn Law. Mut. v. Ahrens

Am. Guar. v. Cascoe

Chancellor Prop v. Houston

Lloyd's Motion

Ironshore Complaint

Banyon Motion

Lloyd's Complaint

Stanford Letter

Response to Stanford Letter

Professional Liability Monthly Alert - Stanford’s Troubles Continue

Stanford sends a jailhouse letter appealing to judge for defense costs arising out of civil and criminal actions. 

For a free copy of this PLM Alert discussing the most recent developments in the Stanford lawsuits click here.  For a copy of Stanford's letter click here.

For a copy of Lloyd's response click here

To receive the Professional Liability Monthly each month via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com

 

Cases for Professional Liability Monthly - April Edition

Assoc Cmty Bancorp v. Travelers

Bryan Brothers v. Cont'l Cas

C. Ingram C v. Phila Indemn

Cont'l Cas v. Bertucci

Contl Cas v. Mills

JP Morgan v. Travelers

Medford

Pendergest-Holt v. Lloyd's

Somerset Med v. Risk Indem

Trice, Geary Myers v. Camico Mut

Abercrombie Motion

National Union decision

Ninth Circuit Certification

 

All decisions reproduced courtesy of Lexis.

 

Professional Liability Monthly, March Edition, is Now Available

For a free copy click here

To receive the Professional Liability Monthly directly via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com

 

February Edition of Professional Liability Monthly is Now Available

For a free copy click here

To be added to our distribution list to receive the publication directly via email, please contact Brian Biggie at bbiggie@goldbergsegalla.com

 

 

Accidental Death and Dismemberment Policy Covered Death Caused by Medical Malpractice

Barnes v. Am. Int'l Life Assur. Co.  (S.D.N.Y., February 4, 2010)

Insured under a group accidental death and dismemberment insurance policy died after a cathe was improperly inserted in her chest, causing cardiac arrest. The insurer denied the claim arguing medical malpractice did not coverage medical malpractice and that her death was the result of sickness or disease. The district court in New York held that the insured's death was unintentional and unexpected and, therefore, an accident entitling the surviving spouse to benefits under the policy. After receiving a claim under the policy, the insurer obtained an independent peer review, which concluded the insured's death was caused by improper placement of the catheter. The physician opined that while the incident was not usual, it was a "known complication of surgery." In its denial, the insurer referenced the fact the deceased signed a disclosure and consent form listing such complications prior to her surgery. Under a deferential standard of review, the court held the insurer's decision was arbitrary and capricious in that it was based on the "generalization that medical malpractice is not accidental in nature," while the facts supported that her death was a result of an accident.

A copy of the Southern District of New York's decision can be found here

Kim Whistler and Dan Gerber

http://www.goldbergsegalla.com/attorneys/Whistler.html

http://www.goldbergsegalla.com/attorneys/Gerber.html

Professional Liability Monthly January Edition is Now Available

For a copy of this month's edition click here

If you would like the Professional Liability Monthly to be sent to you directly each month, contact bbiggie@goldbergsegalla.com