Section 38 Limits of Liability

• Library: Prof Liability 2005

As stated above in §8.17, care should be given to examine the limits of liability clause in the applicable medical malpractice insurance policy to determine whether the stated policy limits apply to the company’s liability for all damages (non-consuming limit) or for all damages and defense expenses (consuming limit).

Typically, such limits are stated as aggregate and per medical incident limits and apply separately to each named insured. What constitutes a medical incident under a given policy should be...