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Verdicts
Insurance Obtained Through Fraud Must Still Cover Innocent Parties
The Superior Court of New Jersey, Appellate Division, has affirmed a summary judgment order requiring a Rhode Island medical malpractice insurance provider to cover any medical malpractice damages awarded to a New Jersey patient, despite the fact that the insured doctor and his medical practice obtained the insurance coverage through a falsehood, and that they were not eligible to obtain that coverage under the terms of the contract. DeMarco v. Stoddard, 2014 N.J. Super. LEXIS 13 (N.J. App. Div. 1/22/14).
Through legislation (R.I. Gen. Laws ' 42-14.1-1), the Rhode Island legislature created the Medical Malpractice Joint Underwriting Association of Rhode Island (JUA) so that doctors who might not be able to obtain medical malpractice insurance elsewhere could do so through the state program. The JUA is made up of a pool of private insurance carriers and it is required to cover qualified Rhode Island doctors. In order to qualify, a doctor must be licensed in the state and conduct at least 51% of his or her medical practice in Rhode Island.
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