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PAPUDESU v. MEDICAL MALPRACTICE

No. 2009-364-Appeal.

18 A.3d 495 (2011)

Mohan PAPUDESU, M.D. v. MEDICAL MALPRACTICE JOINT UNDERWRITING ASSOCIATION OF RHODE ISLAND and John Doe, alias.

Supreme Court of Rhode Island.

April 18, 2011.

Attorney(s) appearing for the Case

Charles D. Wick, Esq., East Greenwich, for Plaintiff.

Michael G. Sarli, Esq., Providence, for Defendant.

Present: SUTTELL, C.J., GOLDBERG, FLAHERTY, ROBINSON, and INDEGLIA, JJ.

OPINION

Justice ROBINSON for the Court.

This appeal requires us to answer the following narrow but important question: what duties, if any, does an insurer owe to its insured before settling a medical malpractice claim when the malpractice policy at issue contains language that accords great discretion to the insurer with respect to the settlement of a claim?

The exact language at issue in this case is: "The [insurance] company may make such investigation...

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