Seventh Circuit: Medical Protective Company v. American International

 

Actionable refusal of settlement was within the terms of the policy as an act deemed wrongful by timely reporting, despite an earlier holding of the court that the act was ultimately not wrongful as defined by a separate exclusion within the policy.

As a claim is an assertion of an existing right, demands for damages and indemnification prior to the change in the law that created the right of recovery against the plaintiff were not considered claims under the policy.


Medical Protective Company  v.   American International