DINHOFER v. MEDICAL LIABILITY MUTUAL INSURANCE COMPANY

602456/09, 6767, 6768.

92 A.D.3d 480 (2012)

938 N.Y.S.2d 525

2012 NY Slip Op 908

DAVID S. DINHOFER, M.D., Appellant, v. MEDICAL LIABILITY MUTUAL INSURANCE COMPANY et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 9, 2012.


Plaintiff's claims against the MLMIC defendants of fraud, deceitful business practices, and breach of their duty to defend him in good faith are barred by the doctrine of equitable estoppel. The MLMIC defendants established that in reasonable reliance upon plaintiff's execution of the consent to settle the underlying medical malpractice action they made a prejudicial change in their position by, inter alia, disbanding the advisory committee that, pursuant to the policy, would...

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