Cases

Certain Underwriters at Lloyds, London v. Magnolia Mgmt. Corp., 2006 U.S. Dist. LEXIS 60635 (D. Miss. 2006)

Lloyds commenced the defense of a wrongful death case against the insured nursing home and various other entities. It did so under a reservation of rights. Later, when on of the employees pleaded guilty to manslaughter, Lloyds filed a declaratory judgment action alleging it had no duty to defend or indemnify because criminal acts committed by any insured are excluded. The court refused to allow Lloyds to rely on the guilty plea in establishing its policy defense. Instead Lloyds was required to produce independent evidence of the employee’s guilt and causation. Lloyds satisfied its burden and its motion was granted after establishing to a preponderance of the evidence that the employee, a nurse, was recklessly negligent by failing to monitor blood glucose levels for a brittle diabetic, and that autopsy reports, along with witness statements from the week preceding her death, established to a reasonable degree of medical certainty that the resident died of hyperglycemia, due to diabetes.

Published by
David McGuffey
Tags: Insurance

Recent Posts

Long Term Care Services for Veterans

The Veteran's Administration (the VA) makes long-term care support available for qualifying veterans in several…

2 weeks ago

2025 Medicare Part B Premium and Part A Co-Pays

On November 8, Medicare announced the 2025 premiums and Co-Pays. The standard monthly premium for…

3 weeks ago

Oath for Georgia Guardians and Personal Representatives

Before a guardian or the personal representative of an estate takes office, he or she…

1 month ago

Form: Affidavit of Diligent Search

In Georgia, when actions are filed in Probate Court, some people must be notified before…

1 month ago

Income Tax Return for Estates and Trusts – Form 1041

What is Form 1041 used for? If an estate or trust has gross income of…

1 month ago

Notice Concerning Fiduciary Relationship – IRS Form 56

IRS Form 56 is used to notify the IRS of the creation or termination of…

1 month ago