ELASHKER v. MEDICAL LIABILITY MUTUAL INSURANCE COMPANY


46 A.D.3d 966 (2007)

847 N.Y.S.2d 268

AMIN R. ELASHKER, Appellant, v. MEDICAL LIABILITY MUTUAL INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided December 6, 2007.


Rose, J.

When plaintiff was accused of sexually assaulting a nurse employed by the nursing home where he was an attending physician, he referred the nurse's claim to defendant, his medical malpractice insurance carrier. Defendant investigated and disclaimed coverage. Plaintiff then commenced this action to obtain a judgment declaring that his malpractice insurance covered the nurse's claim because, while she was a coworker at the time of the alleged assault, she had...

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