W. Va. Mut. Ins. Co. v. Adkins

Petitioner, West Virginia Mutual Insurance Company, Inc. (WVMIC), was a professional medical liability insurer that insured physicians, medical practices and others in West Virginia. The medical malpractice claims underlying the current dispute were asserted by Respondents against their surgeon’s former employer, United Health Professional, Inc. (UHP), a medical corporation insured under a medical malpractice policy issued by WVMIC for the year 2010. Under the terms of a global settlement agreement, WVMIC tendered $3 million to Respondents under an extended reporting endorsement insuring the surgeon. The settlement further provided that Respondents and WVMIC would abide by a judicial determination as to whether additional insurance limits were available for Respondents’ vicarious liability claims against UHP. The circuit court concluded that there was an additional $6 million in policy limits available for Respondents’ claims against UHP. The Supreme Court reversed, holding that UHP has a total of $3 million in separate policy limits under the 2010 policy for Respondents’ claims asserted against it, which amount was in addition to the $3 million that WVMIC previously tendered under the global settlement agreement for the claims asserted against the surgeon. Remanded. View "W. Va. Mut. Ins. Co. v. Adkins" on Justia Law