The Ninth Circuit affirmed the district court’s granting of summary judgment to the insurer, agreeing there was no coverage for the defendant in a wrongful death action. National Fire & Marine Ins. Co. v. Hampton, 2020 U.S. App. 33215 (9th Cir. Oct 21, 2020).
The wrongful death compliant alleged, and the defendant doctor’s plea agreement supported, that defendant wilfully violated federal controlled substances laws, and that this violation resulted in the death of Diana Hampton. The professional liability policy excluded coverage for “[a]ny loss arising from, or in connection with . . . any event, health care event, or managed care event when intertwined with, or inseparable from . . . any willful violation of any law . . .” Therefore, there was no coverage for willful violations of the law. The exclusion clearly applied to this case. There was no duty to defend because there was no potential for coverage.
Defendant sought a Rule 56 (d) continuance in order to conduct further discovery, but this was denied by the district court. The Ninth Circuit affirmed this as well because the affidavit submitted by the Estate in support of is request sought discovery related only to defendant and Hampton’s doctor-patient relationship and the cause of Hampton’s death. It did not seek any information necessary to accurately interpret the terms of defendant’s professional liability policy such that the discovery would preclude summary judgment.