Hasbrouck v. St. Paul Fire & Marine Insurance Co.

LAVORATO, Justice.

A patient and her spouse brought this declaratory judgment action against her treating physician, his professional corporation, and his insurance company. The purpose of the suit was to determine coverage under a “claims made” policy for the doctor’s alleged negligence in treating the patient. The policy covered all claims first made during the policy period and required the insured to report such claims to the insurer within such period. The patient and her spouse sued the doctor on the patient’s tort claim within the policy period, but the doctor failed to report the suit…