Claim Not Based On Assertion Of Coverage For Claim Made Before Policy Inception

Mealey's (January 23, 2020, 12:31 PM EST) -- FORT WAYNE, Ind. — A federal judge in Indiana on Jan. 22 held that a claim alleging that a medical malpractice insurer failed to settle a malpractice claim against its doctor insured was not first asserted before the inception of its professional liability insurance policy and, therefore, its breach of contract claim against its professional liability insurer is not based on an assertion of coverage for a claim first made against it before the policy inception (The Medical Protective Company of Fort Wayne Indiana v. American International Specialty Lines Insurance Company, No. 13-357, N.D. Ind., 2020 U.S. Dist. LEXIS 10375)....