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Description
CASE ON POINT: Mutual Assurance Inc. v. Schulte, No. 1050092 (04/27/2007) So.2d -AL
ISSUE: Is your professional liability insurance company looking after your best interest if you are sued for medical malpractice? That was the issue in this Alabama case in which an insurance company could have settled a medical malpractice case against a physician and his group within the $2 million limits of their policies. When a jury returned a verdict against the physician and his group for more than $4.5 million, the physician and his group sued their insurance company for both negligent and bad faith refusal to settle the case.
CASE FACTS: In April 1990, Woodrow Smith sued Dr. William Schulte and Pulmonary Associates of Mobile, P.A., Dr. Schulte's medical group, alleging that Dr. Schulte committed malpractice while treating Smith's wife, Annie Jo, and that she died as a result of the malpractice. At the... |
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