November 11, 2026 by matray

The Georgia Court of Appeals ruled that MagMutual Insurance Co. must pay post-judgment interest on its $3 million share of a $15 million medical malpractice verdict stemming from a fatal prostate surgery. The court found that the insurer’s policy obligated it to pay interest in addition to its liability limits but rejected the estate’s separate claim for damages arising from the insurer’s delayed payment.    

Case: Mag Mutual Insurance Co. v. Estate of Tapley, No. A26A0871, 10/27/2026, published.     

Facts and procedural history: In November 2016, James Tapley underwent prostate surgery by Dr. Brian Geary. During the surgery, Tapley’s bladder was perforated, causing fluid to leak and his abdomen to swell. Because of Tapley’s comorbidities, Geary chose to try to drain the fluid instead of taking steps to repair the perforation.     

Tapley was moved to the intensive care unit, and he died about 30 hours later.     

Tapley’s estate filed a malpractice suit against Geary. The case was tried before a jury, which returned a verdict in favor of the estate for $15 million.     

The Georgia Court of Appeals upheld the verdict.     

Geary and his practice had a valid malpractice insurance policy with the Mag Mutual Insurance Co. The policy provided a liability limit of $2 million for the doctor and $1 million for the practice, for a total of $3 million.     

MagMutual paid $3 million to the estate in June 2025 after the Georgia Supreme Court denied certiorari review in the appeal from the jury’s verdict, but it did not pay any extra for post-judgment interest.     

The estate the filed suit against MagMutual for the post-judgment interest and damages due to the delay in payment as well as attorney fees.     

MagMutual filed a motion to dismiss, arguing the estate lacked standing to bring any claims directly against it. The estate filed a motion for partial summary judgment on the issue of liability for post-judgment interest.     

A trial judge denied the motion to dismiss and granted the motion for summary judgment. The judge concluded that the insurance policy clearly provided that MagMutual would pay post-judgment interest.     

Analysis: The Georgia Court of Appeals said the insurance contract unambiguously provided that MagMutual would pay for post-judgment interest on the amount of the judgment within the normal policy limits and that such payment of post-judgment interest would be separate from the $3 million policy limit.     

“The insurance contract unambiguously provided that MagMutual would pay for post-judgment interest on the amount of the judgment within the normal policy limits and that such payment of post-judgment interest would be separate from the $3 million policy limit,” the court said. “This duty to make post-judgment payments was listed separately from the list of payments (such as the base claim, punitive damages, and prejudgment interest) that would contribute to the policy limit.”     

Additionally, while the insurance policy refers to post-judgment interest as a cost of defending the insured, it is nevertheless a cost that is to be paid to the judgment creditor, the court said. “Thus, putting aside the question of whether the estate as a third-party judgment creditor generally has standing to argue about issues concerning coverage and MagMutual’s duty to defend, the Estate has standing to seek payment of the post-judgment interest from the proper party.”     

Accordingly, the court said, the trial judge properly granted summary judgment on MagMutual’s liability to pay the post-judgment interest on its $3 million share of the judgment.     

The court said the judge should have dismissed the estate’s claim to the extent it separately sought special or compensatory damages due to MagMutual’s delayed payment because such damages are not cognizable in a direct action by a judgment creditor of the insured.     

Disposition: Reversed in part.     

To read the court’s decision, click here. 

November 11, 2026 by matray

ISMIE Mutual Insurance Co. is expanding its insurance portfolio into management liability coverage through a partnership with Ascendex Underwriters, a specialty managing general underwriter.

Ascendex announced Nov. 5 the launch of a management liability program for privately held companies, with coverage underwritten by ISMIE Indemnity Co., a wholly owned subsidiary of Chicago-based ISMIE Mutual. Policies will be available nationwide through wholesale brokers, with effective dates beginning Dec. 1.

The program offers directors and officers liability, employment practices liability, fiduciary liability and crime coverage on a primary or excess basis, although crime coverage is available only on a primary basis.

Eligible businesses may have up to $1 billion in assets or revenue or up to 1,000 employees. Coverage limits range from $1 million to $5 million in the aggregate, with standalone and shared-limit options.

John Passaro, executive vice president and head of management liability at Ascendex, will lead the practice. Passaro has more than 35 years of experience in management and professional liability underwriting and distribution. He is based in the New York City area and is joined by Shane Dantuono in Dallas.

Steven Schafer, vice president of product diversification at ISMIE Mutual, said the insurer had been seeking a partner to enter the management liability market for several years.

"The Ascendex management team has profound underwriting expertise both from the carrier and MGA desks," Schafer said. "They have ample resources, a strong distribution network and a proven program management discipline."

November 11, 2026 by matray

The Cooperative of American Physicians (CAP) promoted Andrew Cate to senior vice president of CAP Claims Services, overseeing claims operations for the organization's two medical professional liability coverage programs.

Cate joined CAP in 2015 and most recently served as vice president of claims services for Cooperative of American Physicians Insurance Co. (CAPIC), a wholly owned subsidiary that provides medical malpractice coverage to large medical groups and healthcare facilities.

In his new role, Cate will oversee claims operations for both CAPIC and the Mutual Protection Trust (MPT), which provides medical malpractice coverage to more than 13,000 independent California physicians.

“Andrew's steady leadership, deep claims experience, and commitment to CAP's core values have made an indelible impact across the organization,” said CAP CEO Sarah Scher.

During his tenure at CAPIC, Cate developed a claims services approach tailored to the needs of individual healthcare organizations.