Falk v. SUL AMERICA TERRESTRES MARITIMOS, ETC.

This is a declaratory judgment action challenging the refusal of defendant insurance company to defend a malpractice action. The two plaintiffs are osteopaths who were sued for malpractice. Defendant had malpractice insurance coverage for each plaintiff. It refused to defend the malpractice action on the grounds of failure of notice as required by the policies. Defendant claims, and the trial court found, that plaintiffs were aware of the potential claim for two years before they notified defendant. Plaintiffs defended the malpractice action which ended in a nonsuit. The mal practice action…