Commercial Union Insurance v. Chubb Group of Insurance

BRODY, J.A.D.,

dissenting.

The dispute between these two carriers is over which must pay the excess loss after the doctor’s $200,000 malpractice policy has been exhausted. Chubb contends Commercial should pay on its excess policy that covers “the ultimate net loss” to the doctor. Commercial contends that recourse must first be had to the coverage afforded the doctor as an individual under Chubb’s corporation policy. The parties have presented us with a single issue to decide: does the coverage afforded an individual doctor in the corporation policy include coverage for his malpractice. In my…