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'Bad faith' refusal to settle: $4.5 million verdict v. Ins. Co.(Medical Law Case of the Month)(Case overview)

Publication: Medical Law's Regan Report
Publication Date: 01-SEP-07
Format: Online
Delivery: Immediate Online Access

Article Excerpt
CASE ON POINT: Mutual Assurance, Inc. v. Schulte, CV-96-2145 (04/20/2007) So.2d--AL

ISSUE: Physicians should not totally rely on their malpractice insurance carriers to look out for their best interests when suit for medical malpractice against them is brought. This Alabama case how one a...

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...illustrates malpractice insurance carrier, in refusing claimant's offer to settle within insurance policy limits, did a disservice to one physician

CASE FACTS: In April 1990, Woodrow Smith sued Dr. William Schulte and Pulmonary Associates of Mobile (Pulmonary), Dr. Schulte's medical group, alleging that Dr. Schulte had committed malpractice while treating Smith's wife, Annie Jo, and that she died as a result of that malpractice. At the time of thee alleged malpractice, Dr. Schulte and Pulmonary were each covered by...

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