Medical Liab. Mut. Ins. Co. v. Alan Curtis Enters. 2006 U.S. Dist. LEXIS 89180 (D. Ark. 2006)

Insurer sought declaratory judgment against its named insureds, the nursing home, the company owning the realty and the management company after they were all named in a suit alleging they failed to provide adequate care for a resident. The suit alleged negligence, violations of the Arkansas Resident Rights Statute, breach of contract, and wrongful death. The insurer sought a determination that the claim arose outside the coverage period. The policy covered 2001, the claim arose in 2003 and the suit was filed in 2005. The Court rejected the insured’s argument that a continuing treatment theory brought the claim within the scope of the policy period and granted the insurer’s motion. The insurer also sought a ruling that punitive damages cannot be covered in Arkansas; the court denied that motion. Prior proceeding Med. Liab. Mut. Ins. Co. v. Alan Curtis, LLC, 2006 U.S. Dist. LEXIS 1444 (D. Ark. 2006).

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