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AIX Specialty Insurance Co. v. Shiwach

Court: Tx 5-Dallas  12/18/2019  Medical Malpractice Insurer Erred By Refusing to Defend Lawsuit Arising Out of an Alleged Gang Rape

The Court found that a sexual abuse exclusion did not preclude a medical malpractice insurer's duty to defend a lawsuit arising out of a gang rape because the petition could be read to reasonably infer that negligence in managing the facility where the rape occurred was a separate independent cause of the underlying plaintiff's injuries.

professional liabilty policy, duty to defend, medical malpractice, medical incident, concurrent causation, separate and independent causation, independent causation, sexual abuse, misconduct and molestation exclusion, rape

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