September 9, 2022 by matray

Modest Slowdown in Premium Growth Distinguishes Second-Quarter Financial Results for MPL Specialty Insurers
In our analysis of 2022’s first quarter (see MLM, July 2022), we discussed the increase in premium associated with MPL writers boosting rate levels in jurisdictions with poor underwriting results. This growth slowed modestly during the second quarter as premium growth (i.e., the premium written in second-quarter 2022 compared with that written in second-quarter 2021) decreased by 2%. However, the composite’s direct written premium is still up 2.2% in aggregate, relative to the second quarter of 2021 (Figure 1), due to the strong first quarter in 2022. Despite the slowdown, the 2022 full-year premium still has a shot at challenging the composite’s 2006 peak …

Health Insurer Sued for Medical Malpractice Over Prior Authorization
The estate of Kathleen Valentini blames her health insurance company Group Health Inc. (GHI) and its utilization review process for her 2020 death from cancer. Attorneys for her estate argued that the insurer’s denial of prior authorization for an MRI constituted medical malpractice, a delay in diagnosis that led to the amputation of her hip, pelvis and leg and ultimately caused her death …

Pennsylvania Supreme Court Expands Medical Malpractice Venue Rule
The Supreme Court of Pennsylvania last month directed that medical liability lawsuits can be filed in almost any county within the commonwealth, rather than requiring such claims be filed in the county where the adverse medical outcome occurred. The amendment expanding Pennsylvania’s medical malpractice venue rules will take effect Jan. 1, 2023 …

North Carolina Supreme Court Overrules 90-year Precedent Shielding Nurses from Medical Liability Claims
The Supreme Court of North Carolina last month overturned a 90-year-old state court precedent that protected nurses from civil liability when they were working under a physician’s supervision. The high court did so because “the nursing profession evolved tremendously over the 90 years since” the precedent was set — with the training, licensure, responsibility and scope of practice for nurses expanding greatly ...

MagMutual to Acquire MDAdvantage of New Jersey
MagMutual Insurance Co. announced last month that it and MDAdvantage Holdings Inc. reached an agreement for MagMutual, headquartered in Atlanta, to acquire the New Jersey-based insurer of medical liability. The acquisition is subject to regulatory approval from the New Jersey Department of Banking & Insurance and MDAdvantage Holdings shareholders. The transaction is expected to close before the end of 2022 …

Constellation to Acquire Centurion Medical Liability Protective RRG
Constellation announced it has entered into an agreement to acquire Centurion Medical Liability Protective Risk Retention Group and to provide ongoing management services to its insureds. Customers with Centurion policies expiring on or after Jan. 1, 2023, will receive a non-renewal notice from Centurion and renewal terms from MMIC RRG. MMIC RRG is sponsored by Constellation, a portfolio of medical liability insurance companies that includes MMIC Insurance Inc., UMIA Insurance Inc. and Arkansas Mutual Insurance Co. …

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September 9, 2022 by matray

The board of directors of ProAssurance Corp. declared a cash dividend of $0.05 per common share, payable on October 13, 2022, to shareholders of record as of September 29, 2022.

The ProAssurance dividend policy anticipates a total annual dividend of $0.20 per share, to be paid in equal quarterly installments. However, any decision to pay future cash dividends will be subject to the board’s final determination after a comprehensive review of the company’s financial performance, future expectations and other factors deemed relevant by the board.

September 2, 2022 by matray

MedMal Direct Insurance Co. named Steven Carey its new vice president of claims, effective immediately.

“Steven is an experienced claims professional with a strong desire to apply the strategies learned to defend our insureds working with our local defense counsel,” Marc D. Hammett, MedMal Direct president and CEO. “I have had the pleasure to work with him directly since he joined our team in 2020. His understanding of physician medical professional liability claims coupled with his dedication to being responsive to our insureds, clear communication throughout the process and securing expert counsel to defend their reputation. This passion and desire to work on behalf of our insureds during this difficult and trying time makes Steven the perfect selection to assume this role for the organization.”

Carey previously served as the assistant vice president of claims for MedMal Direct and has more than 14 years of claims management experience in medical professional liability.

“Our Board is pleased to have Steven assume the VP of claims role and the challenge to manage the claims responsibilities at MedMal Direct,” said P. Butler Ball, CEO and director of Physicians Trust, Inc., MedMal Direct’s parent company. “Steven’s experience in the industry, his commitment to excellence and his dedication to our insureds makes him the ideal choice to lead our claims team.”  

September 1, 2022 by matray

National law firm Wilson Elser announced today that two lateral partners have joined the firm's Medical Malpractice & Health Care Practice in the White Plains and New York offices, effective September 1, 2022.

Timothy Sheehan and Joe Swart joined the firm from DeCorato Sheehan Merolesi & Federico LLP. Before working at DeCorato, Sheehan was a trial lawyer at Wilson Elser from 1987 to 2012, serving as a partner for the last 19 years of his tenure.

In returning to the firm, Sheehan will be based in the White Plains office, and Swart will work in the New York City office.

"I want to welcome Tim and Joe to the firm and to our practice," said Lori Semlies, co-chair of Wilson Elser's Medical Malpractice & Health Care Practice. "Tim and Joe will strengthen our already deep trial bench and bolster the defense litigation capabilities we offer our clients. On a personal note, I was an associate on Tim's team when I joined Wilson Elser, and am thrilled to be working with him again."

Sheehan is an experienced trial attorney, focusing on the defense of high-exposure medical malpractice claims. For more than 35 years, he has represented hospitals, physicians, nursing homes, podiatrists, nurse practitioners, dentists, chiropractors and other medical professionals in a myriad of claims arising out of the delivery of medical care across all areas of specialization.

As a measure of his experience and reputation, Sheehan was certified by the Supreme Court of the State of New York as a medical malpractice panelist and served in that capacity in Westchester, New York and Kings counties while the panel system was in effect.

Swart concentrates his practice on defending hospitals, physicians, physicians' assistants, nurses and nurse practitioners. He specializes in every aspect of complex medical malpractice litigation, including obstetrics, gynecology, oncology, brain injury and surgical cases, often obtaining an early dismissal or facilitating a defendant's verdict at trial.

Prior to entering private practice, Swart was a prosecutor in the Kings County District Attorney's Office, where he spearheaded long-term criminal investigations into narcotics and firearms trafficking cartels, including the Latin Kings and other gangs. His investigations received attention from national media, including Court TV, The New York Times and HBO.

Sheehan earned his J.D. degree in 1984 from University of Buffalo Law School and a B.A. degree in 1981 from the University of Buffalo. Swart earned his J.D. degree in 1996 from New York Law School and a B.A. degree in 1993 from Auburn University.