Rosalind Franklin University of Medicine and Science v. Lexington Insurance Company

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
2014 IL App (1st) 113755
Decision Date: 
Friday, March 7, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
TAYLOR
In declaratory judgment action, insured medical school claimed coverage for settlement it paid in underlying suit filed by former patients seeking compensation for school's decision to discontinue experimental cancer vaccine program. Insurer owed duty to pay for school's defense and settlement costs under primary policy and excess policy, as its policies covered liability resulting from medical incident arising out of professional services. Other insurer owes no duty to indemnify school for settlement, as its policy contained specific exclusion for medical malpractice damages. (GORDON and PALMER, concurring.)