Chapter 26 - Profeesional Liability Insurance - Leo Flashcards

1
Q

Define Physicians, Surgeons, and Dentist Professional Liability Insurance

A

Professional liability insurance that provides protection for medical professionals against lawsuits alleging a substantial error or omission.

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2
Q

Define Errors & Omissions Insurance

A

Liability insurance policy that provides protection against loss incurred by a client because of some negligent act, error, or omission by the insured.

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3
Q

Define Directors & Officers Liability Insurance

A

A commercial liability coverage that provides financial protection for the directors, officers, and the corporation if the directors and officers are sued for mismanagement of the company’s affairs.

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4
Q

What is the 1st insuring agreement in a typical Physicians, Surgeons, and Dentist Professional Liability Insurance policy?

A
  • Covers the individual liability of each person named as an insured on the declarations page
  • The insurer agrees to pay all sums that the insured is legally obligated to pay as damages because of injury to which the insurance applies.
  • The injury must result from a medical incident
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5
Q

What is the 2nd insuring agreement in a typical Physicians, Surgeons, and Dentist Professional Liability Insurance policy?

A

-Applies to group liability, which refers to liability arising out of a partnership, LLC, association, or professional corporation. This covers the exposure of liability from any acts of malpractice committed by other partners.

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6
Q

What is a medical incident?

A

any act or omission arising out of the rendering, or failing medical or dental services by the insured, or any person acting under the direction and supervision of the insured.

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7
Q

What are the typical provisions of Physicians, Surgeons, and Dentist Professional Liability Insurance? 6

A
  • First two agreements
  • Liability is not restricted to accidental acts of the physician or surgeon.
  • There is a maximum limit per medical incident and an aggregate limit for each coverage.
  • Current forms permit the insurer to settle the claim without the physician’s or surgeon’s consent
  • An extended reporting period endorsement can be added
  • Professional liability insurance is not a substitute for other necessary forms of liability insurance.
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8
Q

What insuring agreements are typically found in a Directors & Officers Liability Insurance policy?

A
  • Coverage for the personal liability of directors and officers
  • Corporate reimbursement coverage
  • Entity Coverage - covers legal liability of a corporation if they are named as a defendant in a covered suit alleging wrongful acts by directors and officers.
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9
Q

What are the common exclusions in D&O insurance?

A
  • Bodily injury and property injury
  • Libel and slander
  • Personal profit, such as profit from insider trading
  • Certain violation of the Securities Exchange Act of 1934 or similar provisions of state law.
  • Return of salaries or bonuses illegally received without stockholder approval
  • Deliberate dishonesty by an insured
  • Failure to procure or maintain insurance
  • Violation of ERISA law
  • Illegal discrimination
  • Insured vs. insured claims
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