Insurance 101 – Chapter 16 Volume 91 – The Bubenik Case

The Bubenik Case

In Medical Protective Co. v. Bubenik, No. 09-2324 (8th Cir. 02/18/2010) the Eighth Circuit Court of Appeal was faced with this question and resolved it against the person asserting the privilege and in favor of his insurer who claimed that Bubenik failed to cooperate in his defense by asserting the privilege. Medical Protective Company (MPC) brought a declaratory judgment action against its insured, Dr. James Bubenik, and Joseph and Mary Johnston, who had obtained a state court judgment against the doctor for malpractice, contending that it had no duty to pay because Dr. Bubenik had materially breached the terms of his insurance policy. The district court entered a declaratory judgment in favor of MPC and the Johnstons appealed.

The following video was adapted from my book, “Insurance Claims A Comprehensive Guide” Published by the National Underwriter Company and is available at the Zalma Insurance Claims Library

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The author and publisher disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this blog. The information provided is not a substitute for the advice of a competent insurance, legal, or other professional. The Information provided at this site should not be relied on as legal advice. Legal advice cannot be given without full consideration of all relevant information relating to an individual situation.


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