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United States First Circuit

Medical Mutual Insurance Co. v. Burka, 17-1872

Held that a professional liability insurer had no duty to defend a physician who was accused of improperly accessing his ex-wife's medical records so he could harass and embarrass her. In this declaratory judgment action, the insurer argued that it had no duty to defend the physician from his ex-wife's legal claims, which had been filed in state courts in Maine and Maryland. The First Circuit agreed that the matters fell outside the insurance policy's coverage, and affirmed summary judgment for the insurer.

Appellate Information

  • Decided
  • Published 2018/08/10


  • Lipez


  • United States First Circuit


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