Successful Dismissal of Malpractice Coverage Claims in Fraud and Negligence Case

On behalf of a professional malpractice insurer, we obtained a dismissal of key claims by tort claimants who were seeking professional malpractice coverage from the insurer of a doctor who was found liable for a series of unnecessary surgeries. The jury found both negligence by the doctor and fraudulent misrepresentations about the need for surgeries. Claimants alleged that they were entitled to coverage under Ohio law, noting that the tort verdicts included a negligence component as well as a fraud component. However, by submitting trial transcripts from the tort trials, the jury verdict, jury interrogatories, and pertinent case law involving damages arising from multiple causes, we obtained a dismissal on the merits under Civil Rule 12. The Court agreed with our arguments that negligence damages were not independent of the fraud, and instead were in consequence of the fraud. The Court dismissed the claims for coverage.