Medical Mutual Insurance Company of North Carolina v. Littaua, et al., No. 3:2020cv00822 - Document 25 (E.D. Va. 2021)

Court Description: MEMORANDUM OPINION (Granting Defendant Kyung Chun Yeon's Motion to Dismiss). See Opinion for details. Signed by Senior United States District Judge Henry E. Hudson on 2/17/2021. (sbea,)
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Medical Mutual Insurance Company of North Carolina v. Littaua, et al. Case 3:20-cv-00822-HEH Document 25 Filed 02/17/21 Page 1 of 5 PageID# 257 Doc. 25 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division MEDICAL MUTUAL INSURANCE COMPANY OF NORTH CAROLINA, Plaintiff, v. ) ) ) ) ) ) REBECCA ALEJANDRINO LITTAUA, M.D., et. al, Defendants. Civil Action No. 3 :20-cv-822-HEH ) ) ) ) ) MEMORANDUM OPINION (Granting Defendant Kyung Chun Yeon's Motion to Dismiss) The case presently before the Court evolves from a medical malpractice lawsuit currently pending in the Circuit Court of the City of Petersburg, Virginia. Rebecca Alejandrino Littaua, M.D. ("Dr. Littaua") and her medical practice, Tri-Cities Infectious Disease Associates, P.C. ("Tri-Cities") ,are defendants in that case. Dr. Littaua was the treating physician of Ki Hoon Yeon (the "Decedent"), whose estate is the plaintiff in the Petersburg case. Medical Mutual Insurance Company of North Carolina ("Med Mutual") is Dr. Littaua and Tri-Cities' insurance carrier and is seeking a declaratory judgment from this Court that it has no obligation to provide insurance coverage for the defense of the case in Petersburg. In seeking a declaratory judgment, Med Mutual contends that Dr. Littaua modified or altered the Decedent's medical records in violation of the specific conditions of coverage under the policy at issue. Presently before the Court is Defendant Kyung Chun Yeon's, the Administrator of the Decedent's Estate, Motion to Dismiss Dockets.Justia.com Case 3:20-cv-00822-HEH Document 25 Filed 02/17/21 Page 2 of 5 PageID# 258 Case 3:20-cv-00822-HEH Document 25 Filed 02/17/21 Page 3 of 5 PageID# 259 Case 3:20-cv-00822-HEH Document 25 Filed 02/17/21 Page 4 of 5 PageID# 260 Case 3:20-cv-00822-HEH Document 25 Filed 02/17/21 Page 5 of 5 PageID# 261