Verdicts

A Florida trial court properly found that an insurer was required to defend against a negligence claim brought against a doctor's employee but not to indemnify her, as the professional services exclusion of the doctor's business owner's policy excluded coverage for services performed by the employee in filing, and making the doctor aware of, lab reports. Estate of Tinervin v. Nationwide Mut. Ins. Co., — So.3d —-, 2009 WL 4060905 (Fla.App. 4 Dist., 11/25/09).

The deceased, an obese child with high blood pressure, sought the help of a pediatrician whose wife was employed in his medical office. Her duties included the filing of lab reports in the patient's chart, and providing them to the doctor for review. An outside lab performed tests on the decedent, revealing abnormal values. In February 2005, the lab mailed the abnormal test results to the doctor, who testified that his office usually receives reports within one or two days after blood is drawn. However, the first time he remembered seeing the decedent's lab results was three months later, in May, 2005. The decedent died on June 2, 2005. The doctor opined that if he had seen the lab report earlier, he would have taken different actions in his treatment of the decedent.