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Verdicts

By ALM Staff | Law Journal Newsletters |
January 29, 2008

Part-Time Doctor Insured Only for One Day, Not Two

The trial court erred in finding ambiguity in an insurance contract and construing the policy language in favor of the insured part-time doctor, because the policy unambiguously covered the insured for the requested date, April 10, 2000, and for the first minute on April 11, 2000. First Professionals Insurance Co. Inc. v. McKinney, '- So.2d ”, 2007 WL 4372744 (Fla.App. 1 Dist. 12/17/07).

Dr. Barbara McKinney worked as a part-time pathologist. On several occasions, Dr. McKinney performed medical services for Drs. Kim and Esfahani, who were insured by First Professionals Insurance Company Inc. (FPIC). Sometimes when she substituted for these doctors, Dr. McKinney obtain her own professional liability insurance policy directly from FPIC for the particular dates on which she was going to work. This she did for the date of April 10, 2000, with her policy stating it 'begins 04/10/2000 and ends on 04/11/2000.' When she was sued for alleged medical malpractice that occurred on April 11, 2000, FPIC determined that it was not required to defend the suit. Dr. McKinney brought this suit for breach of contract and won a judgment against the insurer.

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