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Tag Archives: opinion

Medical Malpractice Insurer Could Not Cancel Claims Made Policy With Knowledge that A Potential Claim Was Pending

Posted in Damages, Insurance Coverage, Liability
Physicians Liability Insurance Company (“PLICO”), issued a “claims made“ medical malpractice insurance policy to Defendant Mark Valentine. As a result of Valentine’s negligence during a surgical procedure, David Wurtz died. The Oklahoma Board of Medical Licensure reviewed the situation and revoked Valentine’s medical license. Shortly thereafter, Valentine sent a letter to his insurance agency requesting … Continue Reading

“Claims Made” Versus “Occurrence” Based Insurance Policies

Posted in Insurance Coverage, Liability
Different insurance policies identify different events which trigger coverage. Two types of common insurance policies are "claims made" policies and "occurrence" policies. Under a "claims made" policy, coverage is triggered when, during the policy period, an insured becomes aware of and notifies the insurer of either claims against the insured or situations that might give … Continue Reading

Failure To Obtain A Legal Opinion Can Be Bad Faith

Posted in Bad Faith
Bad faith can result in Oklahoma from failing to obtain a legal opinion before denying coverage.  In Harrell v. Old American Ins. Co., 1991 OK CIV APP 91, 829 P.2d 75, a claims examiner failed to seek legal advice regarding a coverage question before denying payment.  The Oklahoma Court of Appeals said it was reasonable to … Continue Reading

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