Executive Summary Blog

Executive Summary Blog

Legal developments affecting professional liability insurers

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Billing Fraud Penalties Do Not Constitute “Damages” Under Professional Liability Policy

Posted in Loss

Applying Maine law, a federal district court has held that an insurer did not have a duty to defend an insured mental health agency in a billing fraud investigation by the state health department because the sanctions sought by the department did not constitute “damages” within the meaning of the insured’s professional liability policy.  Oceanway… Continue Reading

First Circuit Holds Physician’s Accessing of Ex-Wife’s Medical Records Allegedly to Harass Does Not Constitute “Professional Services”

Posted in Professional Services

Applying Maine law, the United States Court of Appeals for the First Circuit has held that a professional liability insurer had no duty to defend a physician for claims arising out of his alleged improper accessing of his ex-wife’s medical records on the basis that such action did not constitute the rendering of professional services. … Continue Reading