Duke Hospital Can't Expand Coverage For Mishap: 4th Circ.

Law360, New York (February 11, 2013, 7:22 PM EST) -- The Fourth Circuit on Monday halted Duke University Health System’s demand for $6 million from an insurance company because of a mishap in which elevator hydraulic fluid was used to sterilize surgical instruments, finding that only one accident happened, not numerous mistakes triggering extra compensation.

In its unpublished opinion, the appeals court ruled 2-1 that Mitsui Sumitomo Insurance Co. of America only had to pay the $1 million amount its policy guarantees for “any one occurrence,” not the larger amount that could come into play under...
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