Hackethal v. National Casualty Co.

Opinion

ARABIAN, J.—

Introduction

This case involves a question of first impression: Does an insurance policy which promises to reimburse an insured physician for his expense and loss of earned income “for each day the insured is required to attend the trial of a civil suit for damages against the insured alleged to have been caused by malpractice” provide such coverage for a hearing before the Board of Medical Quality Assurance (BMQA) which the insured is required to attend? We hold that it does not.

Plaintiff, appellant and cross-respondent Dr. Clemens A. Hackethal (Dr. Hackethal) brought an…