Med. Malpractice Joint Underwriting Ass’n of R.I. v. Charlesgate Nursing Center, L.P.
Annotate this CaseThe estate of a former resident of Charlesgate Nursing Center filed a civil action against Charlesgate and related defendants (collectively, Charlesgate), claiming that the former resident was the victim of a sexual assault perpetrated by employees at Charlesgate. During the relevant time period, Charlesgate was insured by Medical Malpractice Joint Underwriting Association of Rhode Island (JUA). The JUA filed the instant action seeking a declaration that it had no duty to defend the Charlesgate defendants against the allegations set forth in the estate’s complaint. Charlesgate counterclaimed requesting a declaratory judgment establishing that the JUA owed a duty to defend Charlesgate in the action by the estate. The superior court granted summary judgment for Charlesgate with respect to the declaratory-judgment count of its counterclaim. The Supreme Court affirmed, holding that the JUA had a duty to defend Charlesgate in the estate’s underlying suit.
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