Updates/Latest News

Updates/Latest News

Prior claim exclusions and prior knowledge exclusions – How it can make a difference – Ruling in Integris Risk Retention Grp. v. Capital Region Orthopaedics Assocs.

“In the absence of any Claim, what the Complaint alleges instead is that Defendant Practice “had prior knowledge of facts and circumstances regarding Mr. Radko’s adverse outcome months before the inception of the Entity Policy, and the Underlying Action arose from those facts and circumstances” and that Defendant Providers “had prior knowledge of facts and circumstances  regarding Mr. Radko’s adverse outcome months before the inception of the Physicians & Surgeons Policy, and the Underlying Action arose from those facts and circumstances.” Dkt. No. 1 at ¶¶ 120-21. The plain language of Exclusion 3.O, however, covers known or reasonably known Claims, not known or reasonably known “facts and circumstances” from which a Claim could arise.”

Link to the details of the ruling is here