Judge: Professional Liability Insurer Has No Duty To Defend Malpractice Lawsuit

Mealey's (March 21, 2019, 2:03 PM EDT) -- BILLINGS, Mont. — Adopting a magistrate judge’s report in its entirety, a Montana federal judge on March 18 granted a health organization professional liability insurer’s motion for summary judgment in its declaratory judgment lawsuit challenging coverage under two policy periods for an underlying malpractice lawsuit alleging that its insured failed to properly diagnose a patient’s breast cancer during her annual mammogram (Capitol Specialty Insurance Corporation v. Big Sky Diagnostic Imaging, LLC, No. 17-54, D. Mont., 2019 U.S. Dist. LEXIS 45234)....