Insurance Industry

Experience

Successful Dismissal of Malpractice Coverage Claims in Fraud and Negligence Case

On behalf of a professional malpractice insurer, we obtained a dismissal of key claims by tort claimants who were seeking professional malpractice coverage from the insurer of a doctor who was found liable for a series of unnecessary surgeries. The jury found both negligence by the doctor and fraudulent misrepresentations about the need for surgeries. Claimants alleged that they were entitled to coverage under Ohio law, noting that the tort verdicts included a negligence component as well as a fraud component. However, by submitting trial transcripts from the tort trials, the jury verdict, jury interrogatories, and pertinent case law involving damages arising from multiple causes, we obtained a dismissal on the merits under Civil Rule 12. The Court agreed with our arguments that negligence damages were not independent of the fraud, and instead were in consequence of the fraud. The Court dismissed the claims for coverage.

Successful Result for a Professional Liability Carrier in a Federal Case Involving Coverage and Bad Faith Claims

Dinsmore obtained a successful result for a professional liability carrier in a federal case involving coverage and bad faith claims. A Kentucky dentist allegedly lied to his patient that he had installed dental implants for her, and after she began to experience increased pain and called the dentist, she learned he had abandoned his practice and moved out of state. After racking up massive dental bills from another provider, her lawyer phoned the dentist’s carrier, but only provided the carrier his client’s name and did not specify damages were being sought or provide any details about the loss. Days later the policy terminated. When that information was provided several months later, the insurer denied the request for coverage, contending that the dentist himself had not reported a “claim” or “potential claim” consistent with the policy terms, nor had the claimant done so consistent with the policy’s reporting requirements. Thereafter, the patient obtained a nearly $500,000 default judgment for negligence against the dentist, and then sued MedPro to cover that judgment as well as for bad faith. Ultimately, a Kentucky federal district judge entered summary judgment in favor of the insurer, ruling that strict compliance with a claims made policy’s reporting policy was required under Kentucky law and that neither a “claim” (a written request for damages during the policy period) or “potential claim” (reporting all “reasonably available information” about the loss during the policy period) had been provided. As a result, the insurer was deemed to have no contractual duty to pay (a required element under Kentucky law for any bad faith claim), a summary judgment on the bad faith claim was also entered. The district court’s orders were recently upheld in a unanimous decision by the Sixth Circuit Court of Appeals. 

Counseled Leading ULT Freezer Company through Merger

Client: Stirling Ultracold
Counseled Leading ULT Freezer Company through Merger

We counseled our client, Stirling Ultracold, an innovative developer and manufacturer of ultra-low temperature (ULT) freezers for life science and biopharma research, through its merger with BioLife Solutions, Inc., a developer focused on bioproduction devices used in cell and gene therapies. The all-stock mergers was in excess of $230 million.

Stirling’s CEO saw the potential for increased demand for the company’s freezers during the COVID-19 pandemic as the freezers were a direct competitor to dry ice used in storing the COVID-19 vaccine. Merging with BioLife enabled Stirling to execute an aggressive strategic plan marketing and selling its freezers. Dinsmore served as the company’s general counsel since 2019, and our team of attorneys brought experience in mergers and acquisitions, labor, insurance, and life sciences, all of which was necessary to fully understand and address the company’s specialized needs. We counseled our client through the merger while simultaneously defusing challenges. Our team’s collective experience enabled Stirling’s executives to address the company’s short-term needs while also achieving its long-term goal.

“The entire team at Dinsmore was, by far, the best engagement I have had in the 15-plus strategic transactions I have done throughout my career,” said previous Stirling Ultracold CEO Dusty Tenney, now COO and president at BioLife. “Their responsiveness, engagement, availability and deal leadership were extraordinary from LOI to closing.”

Multi-party Insurance Dispute About Additional Insured Coverage and Indemnity Obligations Related to Construction Lawsuit

Client: An Insurer

At the request of our insurer client, we successfully analyzed the allegations of a multi-party construction-related lawsuit and the tender of defense between parties for purposes of determining coverage and defense obligations. The underlying lawsuit involved construction of a natural gas pipeline for the energy industry. The suit presented allegations of breach of contract, negligence, blasting liability, trespass, emotional distress, and fraud.  The insurance issues involved additional insured coverage, property damage coverage, contractual indemnity rights, and anti-indemnity statutes. After presenting our opinion, we assisted the insurer client in obtaining payment from the insurer of another party based upon the indemnity and insurance rights between the parties.