Burns White obtains summary judgment for an independent insurance company client in Ohio

Oct 1, 2014 | News

Burns White Members Stuart T. O’Neal, III and John M. Steidle and Associate Laura E. Caravello recently obtained a summary judgment in Trumbull County, Ohio for an insurance client in a coverage matter. The third-party plaintiffs, three nurses who were being sued for medical malpractice in relation to the obstetrical management, labor and delivery of a baby born on Feb. 24, 2010, were seeking liability insurance coverage, and damages for breach of contract and bad faith.

Burns White attorneys argued that the policy did not apply to any loss prior to the retroactive date of Oct. 1, 2010, thus excluding the Feb. 24 incident from coverage. The court agreed, dismissing all counts in the third-party complaint with prejudice.

Note: The results obtained in a particular case are heavily dependent on the facts and the law specific to that case.