Legal Question in Medical Malpractice in New York
mal Insurance
Say an insurance company unreasonably passes up a chance to settle a medical malpractice case for less than the $1 million limit of a doctor's malpractice policy, and the case yields a $10 million verdict. The company would have to pay the whole thing. the bigger the difference between the verdict and the policy limit, the more likely it is that the insurance company will be found to have breached its duty to accept a reasonable settlement. Does this event happen often ? And how hard is it to prove ?
1 Answer from Attorneys
Re: mal Insurance
Ins co does not necessarily have to pay the difference. Only if it can be proven that the company acted in bad faith toward the insured doctor. And it is the doctor who has the cause of action (right to sue the company) for the difference between the verdict and coverage limits.
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