(DOWNLOAD) "Empire Casualty Co. V. St. Paul Fire And Marine Insurance Co." by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Empire Casualty Co. V. St. Paul Fire And Marine Insurance Co.
- Author : Colorado Supreme Court
- Release Date : January 28, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
This case involves a dispute among three insurance companies regarding the share each must pay of a $575,000 medical malpractice judgment entered against a physician insured by the three companies. The trial court found multiple acts of negligence by the physician and held that each insurance policy in effect at the time the physician committed any negligent act was responsible for the entire amount of the verdict up to the amount of the policy limit. The court found that the Empire Casualty Company (Empire) had two policies in effect when the negligent acts were committed; that each policy had a limit of $100,000; and that, since both the physician and his professional corporation were insured under each policy, two separate limits of $100,000 applied. Accordingly, the trial court entered judgment against Empire for $200,000 on each policy, or a total of $400,000. The trial court apportioned the balance of the medical malpractice judgment equally between the two excess carriers, Continental Casualty Company (Continental) and Chicago Insurance Company (Chicago). Thus, judgment was entered against Continental for $87,500 and against Chicago for $87,500.
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