Insurance

Sam and Bill

No Duty to defend insured accused of intentional sexual molestation

• We got a little girl named Rebecca Caldarone she was a patient of Dr. Shetty. Caldarone killed herself. Caldarones husband sued Dr. Shetty for molesting Caldarone. The molestation was said to cause her suicide. Dr. Shetty contacted his insurerer. Dr. Shetty was not entitled to defense or indemnity for intentional torts.

Duty to defend

• The insurer appoints defense counsel and assumes the defense of a covered claim.

Medical malepractice

• Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error.

Intentional sexual assaults

intentionally or knowingly: the penetration of the anus or female sexual organ of another person by any means, without that person's consent;

Decision

• Affirmed, He molested Caldarone which is illegal.