Legal Opinion · Dissent

Slotkin v. Citizens Casualty Co.

Court of Appeals for the Second Circuit

Decided August 29, 1979No. 353, Docket 78-7167Published

1DissentVan Graafeiland, Circuit Judge

In February 1971, a medical malpractice action against Brookdale Hospital was reached for trial in New York State Supreme Court. The suit had been brought on behalf of Steven Slotkin, an infant, who allegedly sustained permanent brain damage at the time of his birth because of the improperly controlled toxemia of his diabetic mother.

The hospital had $1,200,000 of liability insurance, $200,000 of primary coverage written by Citizens Casualty Co. and a $1,000,000 umbrella policy written by Lloyds of London. The hospital’s attorneys had nothing to gain by hiding from plaintiffs the existence of…

2Cases cited39 opinions

  1. Chesapeake & Ohio Railway Co. v. KellySupreme Court of the United States · 1916
  2. United States v. MantonCourt of Appeals for the Second Circuit · 1938
  3. Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
  4. United States v. Consolidated Laundries Corp.Court of Appeals for the Second Circuit · 1961
  5. McClelland v. Climax Hosiery MillsNew York Court of Appeals · 1930

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