From our private database of 14,100+ case briefs...
Thoracic Cardiovascular Associates, Ltd. v. St. Paul Fire and Marine Insurance Company
Court of Appeals of Arizona
891 P.2d 916 (1994)
Thoracic Cardiovascular Associates, Ltd. and Thomas Trahan (plaintiffs) had a “claims-made,” or claim-based, professional liability policy with St. Paul Fire and Marine Insurance Company (St. Paul) (defendant). This policy only covered claims “arising out of acts performed prior to the termination for which a claim may be made after the termination date.” On February 16, 1988, the plaintiffs canceled the policy. After the policy was terminated, both St. Paul and the plaintiffs’ St. Paul insurance broker separately sent the plaintiffs letters notifying them that their policy only covered claims made and reported during the policy term and that, unless the plaintiffs purchased either another policy or St. Paul’s optional reporting endorsement coverage, they would not be covered for claims that occurred prior to policy termination or were reported subsequently to policy termination. On October 15, 1987, a medical-malpractice suit was filed against the plaintiffs. The plaintiffs notified St. Paul about this suit on August 30, 1988, more than six months after the plaintiffs’ St. Paul policy terminated. The plaintiffs were not aware of this lawsuit during the policy period. St. Paul denied coverage for the malpractice claim because the claim was not reported during the policy period. The plaintiffs filed a declaratory-judgment action against St. Paul requiring St. Paul to defend the malpractice claim. The trial court granted summary judgment in favor of the plaintiffs. St. Paul appealed.
Rule of Law
Holding and Reasoning (Toci, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 220,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.