Miller v. Marrocco

The issue sub judice is whether the insurance policy in question provides coverage to appellant. For the reasons to follow, we find that such policy does not cover appellant.

The terms of the insurance policy in question limit coverage to actions “in the name and on behalf of the Insured.” The only insured on this policy is the professional corporation. While appellant, Peter A. Marrocco, M.D., is an employee and shareholder of the professional corporation, the professional corporation was a separate legal entity distinct and apart from Dr. Marrocco. Dr. Marrocco was not individually insured…