Executive Summary Blog

Executive Summary Blog

Legal developments affecting professional liability insurers

Tag Archives: Ohio

Specific Litigation Exclusion Bars Coverage for Separate Proceeding Involving Same Conduct in Allegedly Oversupplying “Pill Mills”

Posted in Prior Knowledge/Warranty Exclusion, Related Claims and associated exclusions
An Ohio federal district court has held that a specific litigation exclusion concerning a lawsuit brought by a state attorney general alleging that the insured oversupplied “pill mills” barred coverage for a show cause order the insured later received from a federal law enforcement agency concerning some of the same alleged misconduct.  Miami-Luken, Inc. v.… Continue Reading

Civil Conspiracy Triggers Dishonesty Exclusion

Posted in Dishonesty Exclusion
The United States District Court for the Southern District of Ohio, applying Ohio and New York law, has held that a jury verdict determining that an insured participated in a civil conspiracy to make false statements about competitors incorporated a finding that the statements were intentional and “dishonest” within the meaning of a professional liability… Continue Reading

Pleading in Suit Between Medical Practice Partners Fails to Trigger Duty to Defend Under Employment Practices Liability Policy

Posted in “Claim”
The Ohio Court of Appeals has affirmed that an insurer owed no duty to defend under an employment practices liability policy where a lawsuit was brought by employees of the insured who were also former partners and shareholders, and the suit was premised solely on the employees’ rights as former partners and shareholders.  Orthopedic &… Continue Reading

Letter Advising Insured Attorney to Put Carrier on Notice Does Not Make Subsequent Claim Foreseeable

Posted in Prior Knowledge/Warranty Exclusion
The Court of Appeals for the Sixth Circuit, applying Ohio law, has held that a letter from a former client to an insured advising him to put his insurer on notice of potential claims did not make a claim reasonably foreseeable and, as a result, did not preclude coverage for a subsequent claim.  Gonakis v.… Continue Reading

Pre-Inception Tolling Agreement and Agency Notice of Potential Statutory Violations Insufficient for Judgment on the Pleadings on Prior Knowledge Provision

Posted in Prior Knowledge/Warranty Exclusion
The United States District Court for the Southern District of Ohio, applying Ohio law, has held that an insurer is not entitled to judgment on the pleadings regarding the application of a prior knowledge provision, notwithstanding the insureds’ entry into a tolling agreement and receipt of a federal agency’s notice of findings of statutory violations… Continue Reading

Attorney’s Prior Knowledge Bars Coverage for Client’s Malpractice Claim

Posted in Prior Knowledge/Warranty Exclusion, Professional Services
The United States District Court for the Northern District of Ohio, applying Ohio law, has granted summary judgment in favor of an insurer, holding that an insured attorney could reasonably have expected a claim where he received a letter addressed to multiple parties indicating that the attorney’s former client was represented by new counsel, who… Continue Reading

Notice by One Insured Does Not Satisfy Notice Requirement for Different Insured

Posted in Notice of Claim, Notice of Potential Claim (Timeliness)
The Ohio Court of Appeals, applying Ohio law, has held that a medical malpractice insurer correctly denied coverage where the insured did not provide notice of the claim until after the policy expired even though the insurer had actual knowledge of the claim from another insured.  Wright State Physicians, Inc. v. The Doctors Company, 2016… Continue Reading