Homeland Insurance Co. of New York v. Clinical Pathology Laboratories, Inc.

Court: WD Tx  08/16/2022  Magistrate Clarifies Recommendation in Medical Provider's Professional Liability Policy Dispute

A magistrate of the Western District of Texas clarified a recommendation that an insured's motion for summary judgment be granted in part, finding that insurer waived fortuity doctrine defense, that insurer's affirmative defenses of breach of warranty, promissory estoppel, and prior notice exclusion fail as a matter of law, but that material fact issues remain concerning insurer's reformation, prior knowledge exclusion, and misrepresentation defenses.

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prior-knowledge exclusionbreach of warrantyworldwide territory endorsementmedical facility and providers professional liability policygeneral liability policyemployee benefit liability policywarrantymisrepresentationapplicationfortuity doctrine

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