Case Conclusion Date:August 8, 1997
Outcome:Won insurance coverage
Description:This was a medical malpractice case where the plaintiff alleged that a doctor sexually assaulted her during a gynecological examination. The doctor's malpractice insurance carrier declined coverage for this incident, claiming that the alleged act was intentional, which would be excluded from coverage. However, the plaintiff alleged that any intentional acts were so intertwined with the doctor's medical negligence that they could not be separated which required insurance coverage. On appeal, the New Jersey Supreme Court agreed with the plaintiff and distinguished this case from others where the intentional acts subject to denial of coverage were not intertwined with negligent acts.