Judge Rules Against Excess Insurer In Coverage Suit Arising From Malpractice Claims

Mealey's (October 22, 2020, 3:19 PM EDT) -- POUGHKEEPSIE, N.Y. — A New York judge on Oct. 13 awarded summary judgment to a plaintiff in declaring that the exhaustion of a claims-made professional liability insurance policy in the year in which a medical malpractice claim was made invoked the coverage afforded by the first-layer excess occurrence insurance policy for the occurrence year, further declaring that “where the claim was made in a tail period, exhaustion of the coverage provided by the tail triggers the excess coverage in the same manner” (Christine Steele v. Healthcare Professionals Insurance Company, et al., No. 2019-54012, N.Y. Sup., Dutchess Co., 2020 N.Y. Misc. LEXIS 7386)....

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