Medical Protective Co. v. Kim

SYKES, Circuit Judge.

This insurance-coverage dispute involves back-to-back claims-made medical malpractice liability policies issued by two different insurers. A malpractice suit was filed against the insured doctor during the term of the second policy based on an alleged surgical error committed and reported during the term of the first. After the first insurer became insolvent, the second insurer, Medical Protective Company (“MedPro”), brought this action against its insured seeking a declaration that its policy does not cover the risk.

The MedPro policy provides coverage for claims “first…