Lynch-Ballard v. Lammico Ins. Agency, Inc. – Sept 2015 (Summary)

PROFESSIONAL LIABILITY INSURANCE

Lynch-Ballard v. Lammico Ins. Agency, Inc., No. 14-CA-793 (La. Ct. App. Sept. 23, 2015)

A Louisiana Court of Appeals dismissed a physician’s claims against her professional liability insurance carrier for settling a medical malpractice case against her without her consent, using her name in the settlement documents after agreeing it would not do so and reporting the settlement to the National Practitioner Data Bank.

The court held that under the clear terms of the insurance policy the carrier was not required to obtain the physician’s consent to settle the case because she was no longer paying for the policy. The court also ruled that there was an absence of evidence or factual support for the physician’s claim that the carrier agreed to not include her name in the settlement agreement. Finally, the court held that the physician had no claim in regard to her allegation of wrongful reporting of the settlement to the National Practitioner Data Bank, since the report of the settlement was not false.