Ade and Doran Obtain Summary Judgment for MLMIC

Brian Ade and Patricia Doran obtained summary judgment from the Superior Court of New Jersey, Bergen County in a coverage dispute in connection with a medical malpractice policy. The Court granted Medical Liability Mutual Insurance Company (“MLMIC”) summary judgment dismissing the insured’s claims that MLMIC breached the insurance policy by settling the underlying medical malpractice claim despite the insured’s refusal to consent to settle. The underlying action alleged the insured’s negligence caused a fetal death. The Court found that MLMIC was entitled to rely upon the dispute resolution provision of the policy through which the Medical Society of the State of New York appointed an independent “advisor” to review the facts and determine whether the case should be settled or not. The advisor determined that the underlying case should be settled. Additionally, the Court held that there was no evidence of bad faith on the part of MLMIC.