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Our medical malpractice blog is your source for information on upcoming Medical Liability Monitor articles as well as breaking business, political, legal and risk management issues affecting medical malpractice insurance companies.
AM Best has affirmed The Doctors Company's financial strength rating (FSR) of A (Excellent) and its long-term issuer credit rating (ICR) of "a+". The outlook of these ratings is stable. These ratings apply to The Doctors Company, An Interinsurance Exchange, and its subsidiaries: TDC Specialty Insurance Company, TDC National Assurance Company, TDC Special Risks Insurance Company, and The Doctors Company Risk Retention Group, a Reciprocal Exchange.
"These ratings from AM Best reflect the strength and stability of our company and reinforces our vision to build the preeminent organization for service to healthcare," said Richard E. Anderson, MD, FACP, Chairman and CEO of The Doctors Company and TDC Group. "Our financial strength allows us to help healthcare professionals meet the challenges of a constantly shifting landscape and better serve our members."
A strange story in which a malpractice trial verdict ruled in favor of the defense was thrown out by the judge because the defense attorney's firm posted a video on their social media accounts in which the lead attorney brags about lying during the trial. A new trial is set to take place in the near future. We'll keep you updated.
Bragging lawyer has medical malpractice verdict thrown out
Positive Physicians Holdings, the holding company of Positive Physicians Insurance Company and Positive Professionals Management LLC, promoted Brian Durkin to its chief financial officer position. Durkin will also continue to serve as treasurer. Mark Keyser had been serving as the company’s interim CFO and is expected to remain with the company in a consulting role. This appointment was approved by the Positive Physicians Board of Directors on Aug. 15.
“I am pleased to announce the promotion of Mr. Durkin as our next CFO,” said Michael G. Roque, Positive Physicians president and chief executive officer. “I am confident Brian has the strategic vision and depth of industry experience to lead our finance organization. It is important to have the best talent to help us execute on our strategic initiatives for 2022 and beyond, including achieving significant growth and changing the landscape of the MPL industry by creating new ways of transacting business. I’m excited to have Brian join our executive team to help us continue to build on the Company’s momentum in the MPL industry.”
Durkin has more than 16 years of experience in the property and casualty insurance industry. He recently served as Positive Physicians’ senior vice president and treasurer. Prior to joining the company as controller in December 2020, he served in various roles during his 8-year tenure at Chubb.
Mutual Insurance Company of Arizona (MICA) announced that Ed Marley will be the organization’s new president andchief executive officer, effective Sept. 1, 2022. As this new role, Marley will succeed James Carland, MD, who has led MICA as president and CEO since 1997 and as chairman of the MICA Board of Trustees since 2003. Carland will continue as executive chairman of MICA’s Board of Trustees.
Marley steps into this role after leading MICA’s financial operations for 11 years as its chief financial officer. Under his leadership, MICA strengthened its financial position as demonstrated by its rating of A (Excellent) from AM Best Company. MICA’s balance sheet has grown to nearly $1.2 billion and $800 million in statutory surplus during his tenure. Since its inception, MICA has issued $700 million in policyholder dividends.
“During an extensive nationwide search, we sought someone who had the business acumen, industry expertise, and long-term vision to further MICA as an industry leader,” Carland said.“We are confident that with his leadership, Ed is the right person to continue MICA’s commitment to its member-insureds and its physician focused mission.”
Marley brings an extensive history of professional liability experience to his new role. Prior to joining MICA, he served as vice president at The Doctors Company and at SCPIE Holdings Inc. Earlier in his career, he served as the chief financial officer for a professional liability carrier insuring CPAs.
Marley is active within the Medical Professional Liability Association, having been past chair and current member of its Technology, Human Resources & Finance Committee and a member of the Committee on Rating Agency Relations. He earned an MBA from the University of San Francisco and received an undergraduate degree from the University of Maryland, College Park.
“As President and CEO, I plan to continue the strong and enduring mission of MICA,” Marley said. “MICA is an exemplary advocate for its physicians and advanced health care professionals and a regional industry leader.”
AM Best has assigned a Financial Strength Rating of A (Excellent) and the Long-Term Issuer Credit Rating of “a” to MMIC Risk Retention Group, Inc. The outlook assigned to these Credit Ratings is stable. MMIC RRG is a sponsored risk retention group of Constellation, Inc., the parent company of MMIC Insurance, Inc., which is the lead member of Constellation Insurance Group (Constellation).
The ratings of MMIC RRG reflect the consolidated balance sheet strength of Constellation, which AM Best categorizes as strongest, as well as its adequate operating performance, neutral business profile and appropriate enterprise risk management.
The rating assignment level reflects MMIC RRG’s role as a member of Constellation. Explicit support is provided to MMIC RRG through participation in a quota share reinsurance program with MMIC Insurance, Inc. In addition, MMIC RRG is fully integrated into Constellation’s operations and strategic plans, including a centralized management structure.
Constellation sponsored the formation of MMIC RRG in 2011 to meet the geographic expansions needs beyond its licensed territories. Constellation specializes in providing medical professional liability insurance to physicians, clinics, hospitals and other healthcare facilities, ancillary healthcare providers, long term care facilities and also offers self-insured retention options.
Pennsylvania General Assembly Debating Bill to Consider Constitutional Amendment Empowering it to Establish Venue Rules
Certain members of the Pennsylvania General Assembly want unambiguous authority to set venue policy in the area of medical professional liability (MPL) lawsuit filings. To that end, state Rep. Rob W. Kaufmann recently introduced a joint resolution to consider a constitutional amendment empowering the General Assembly to establish venue in civil cases. The General Assembly’s interest in setting venue policy stems from a recently proposed change to venue rules by the Supreme Court of Pennsylvania’s Civil Procedural Rules Committee. The proposal would revise a 2002 rule requiring plaintiffs to file MPL claims in the county where the alleged injury occurred …
Maryland High Court Rules Loss of Years Claim Not Available via Wrongful Death Statutes
A patient’s terminal illness does not give rise to a wrongful death claim based on the argument that the person would have lived longer had the diagnosis been correctly made and life-extending treatment started earlier, a divided Maryland Court of Appeals ruled last month in a 5-2 decision. The Court of Appeals is the highest court in the state of Maryland ...
The Autonomy of Hospital Ethics Committees Post-Dobbs: It’s Unclear How Restrictive State Laws Will Be Applied to Complex Medical Situations
Since the United States Supreme Court’s Dobbs v. Jackson Women's Health decision, there’s been significant discussion by lawyers, philosophers, healthcare providers and political leaders. The ruling has created uncertainty and confusion for those working in the healthcare space, and as lawyers, we are now being asked to advise our clients on myriad issues ranging from criminal culpability to the tax consequences of providing or paying for reproductive care. At the provider level, the questions we’re being asked are founded on the principle of autonomy. How can I provide appropriate care for my patient? Does my patient have the autonomy to make reproductive healthcare decisions? Is my autonomy as a provider different than it was two weeks ago? …
NM Appeals Court Holds Patient to Signed Arbitration Agreement
The New Mexico Court of Appeals recently reversed a ruling by a district court judge that denied a motion by Sunset Villa Care Center to compel arbitration for a medical liability lawsuit in which the patient signed an arbitration agreement. The appellate court determined that the district court erred in denying the motion to compel arbitration on contract validity grounds because the arbitration agreement was supported by alternative consideration and that the language of the delegation clause requires questions regarding enforceability and unconscionability be submitted to the arbitrator, not to a judge or jury …
long-term issuer credit rating (ICR) of "a+". The outlook of these ratings is stable. These ratings apply to The Doctors Company, An Interinsurance Exchange, and its subsidiaries: TDC Specialty Insurance Company, TDC National Assurance Company, TDC Special Risks Insurance Company, and The Doctors Company Risk Retention Group, a Reciprocal Exchange.
Professionals Management LLC, promoted Brian Durkin to its chief financial officer position. Durkin will also continue to serve as treasurer. Mark Keyser had been serving as the company’s interim CFO and is expected to remain with the company in a consulting role. This appointment was approved by the Positive Physicians Board of Directors on Aug. 15.
organization’s new president and
Credit Rating of “a” to MMIC Risk Retention Group, Inc. The outlook assigned to these Credit Ratings is stable. MMIC RRG is a sponsored risk retention group of Constellation, Inc., the parent company of MMIC Insurance, Inc., which is the lead member of Constellation Insurance Group (Constellation).