Cases

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).

Published by
David McGuffey
Tags: Insurance

Recent Posts

ADLs and IADLs

ADLs and IADLs Activities of Daily Living and Instrumental Activities of Daily Living describe basic…

5 days ago

Planning for Adult Children with Disabilities

Planning for Adult Children with Disabilities Childhood Disability Benefits assist disabled children and adults who…

6 days ago

Are Video Wills Valid?

Video Wills You might wonder whether you can make a video recording of yourself stating…

4 weeks ago

2025 Georgia Medicaid Transfer Penalty

2025 Georgia Medicaid Transfer Penalty If an applicant for long-term care Medicaid (e.g., nursing home…

4 weeks ago

Another Scam, and this one makes my blood boil

Recently, my dad died. While I was driving back from being sworn in as his…

2 months ago

Review of Georgia Cases on Testamentary Capacity

In Georgia, an individual has legal capacity to make a Will "when the testator has…

3 months ago