Tenth Circuit backs AdHealth in $40 million dispute over excess insurance coverage for hospital ster
The definition of “medical incident” under PorterCare’s policy included “any act or omission… which results in injury to a patient,” and crucially, stated that “all related acts or omissions… to any one person” would be considered a single incident. That wording, according to AdHealth, made it clear that each patient’s claim had to be treated individually. Since PorterCare was self-insured for the first $2 million of liability per claim, and no individual patient’s claim exceeded that threshold, AdHealth said it owed nothing.
