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ST. PAUL FIRE & MARINE INS. CO. v. SHERNOW

(14422)

222 Conn. 823 (1992)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY v. ROBERT SHERNOW, D.D.S., ET AL.

Supreme Court of Connecticut.

Decision released July 14, 1992.

Attorney(s) appearing for the Case

Kenneth J. McDonnell, for the appellant-appellee (plaintiff).

William F. Gallagher, with whom were Cynthia C. Bott and, on the brief, Timothy Moynahan, for the appellee-appellant (intervening defendant Mary Lou Sciola).

PETERS, C. J., CALLAHAN, COVELLO, BORDEN and BERDON, JS.

COVELLO, J.

The principal issue in this appeal from a declaratory judgment is whether professional liability (malpractice) insurance covers injuries sustained by a patient when a dentist, in the course of treatment, sexually assaulted her, having overcome her ability to resist through misuse of anesthesia. We conclude that the trial court correctly determined that professional liability insurance covered the injuries sustained in this incident and, therefore, affirm...

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