Reversing a lower court’s ruling, in DeMarco v. Stoddard the New Jersey Supreme Court held that the Rhode Island Medical Malpractice Joint Underwriting Association (“RIJUA”) did not have to provide any defense or indemnification in a medical malpractice action to a doctor who made a material misrepresentation on his application for insurance. Plaintiff attempted to argue that because medical malpractice insurance is mandatory in New Jersey and a minimum amount of $1,000,000 in coverage is required, then RIJUA should be required to cover the doctor for the statutory minimum, similar to the protection afforded innocent third parties when a motor
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Archives for Professional Liability
New Jersey Appellate Court Rejects Legal Malpractice Applicant’s Reliance on “Don’t Ask” Policy Regarding Potential Claims
The New Jersey Superior Court, Appellate Division, has held that an attorney applying for legal malpractice coverage on behalf of his firm had a duty to inquire as to whether his fellow attorneys were aware of potential malpractice claims. Imperium Ins. Co. v. Porwich concerned attorney Philip Feintuch’s application for legal malpractice coverage on behalf of a firm consisting of Mr. Feintuch, his son, and another attorney, Alan Porwich. While Mr. Feintuch operated the firm as a “sole proprietorship,” Mr. Porwich was listed as a partner on the firm’s website. At the time Mr. Feintuch completed the application for malpractice
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