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Negligence: Medical Malpractice-Equitable Garnishment-Duty to Defend
Staff Report//January 17, 2020//
Negligence: Medical Malpractice-Equitable Garnishment-Duty to Defend
Staff Report//January 17, 2020//
Listen to this articleWhere a woman, who developed an infection following a tummy-tuck surgery, sought an equitable garnishment from a health care insurer to satisfy a $500,000 judgment against her doctor, the judgment is affirmed because the trial court properly determined that the insurer did not violate its duty to defend, and the insurer was not responsible for a judgment entered in accord with a Section 537.065 agreement between the doctor and patient.
Judgment is affirmed.
Sherman v. Missouri Professional Mutual (MLW No. 74402/Case No. WD82569 – 20 pages) (Missouri Court of Appeals, Western District, Chapman, J.) Appealed from circuit court, Boone County, Beetem, J. (Douglas Ponder, St. Louis, for appellant) (Wade Ford Jr., Columbia, for respondent).
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