Presentation on theme: "INSURER RESPONSIBLE FOR PRACTICAL JOKE TAKEN BADLY By: Kyon Johnson."— Presentation transcript:
INSURER RESPONSIBLE FOR PRACTICAL JOKE TAKEN BADLY By: Kyon Johnson
KEY WORDS General Liability- The legal exposure under common law, Statute or Civil law, to act as a reasonably prudent person would, or would not, under the circumstances. Duty to Defend- The insurer appoints defense counsel and assumes the defense of a covered claim. Tort- a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.
KEY WORDS 2 Practical Joke - a trick played on someone in order to make them look foolish and to amuse others. Dental Practice- the practice of dentistry
DECISION A reversed decision, during a dental procedure this is against general liability policy. Creating a problem to both he customer and the policy of the dental performance. Especially since it was non intently and or was an accident it creates a hassle subjecting the patient to increased injury if the doctor was being careless.
SUMMARY Woo, an oral surgeon, was performing a dental procedure on his employee, Tina Alberts, whose hobby was raising potbellied pigs. While Alberts was under anesthesia, Woo put some fake pig tusks in her mouth and took a picture. He then completed the dental procedure. Woo did not give Alberts the picture, but the office staff did at her birthday party. She quit work and sued Woo for mental distress and many other torts. Woos general liability carrier refused to defend the suit on the grounds that the incident did not arise out of the provision of dental services. Woo defended the suit and paid Alberts $250,000 to settle the matter. Woo then sued his insurer for breach of duty to defend. The jury awarded Woo $750,000, the $250,000 he paid Alberts, plus attorney fees. The court of appeals reversed and ordered the suit dismissed. Woo appealed.