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In a decision issued the appeals court approveda judge’se decision that , the malpractice insurer for , was responsiblse for covering the clinic and its Gary Gaddis, in a malpractice claim. The insured claimed that Metro Emergency Physicians had not properlu submitted information about a malpractice claim that came fromAgnes Landry, a patient who visited Saint Luke’sx Hospital on April 15, 2003, with chest pains. a member of Metro Emergency misdiagnosed Landry, which led to permanent heart damage, according to court documents. A clinical director for Metro Emergencuy Physicians did not report the as well as about100 others, to Intermefd until Dec.
29, 2003, just days before the insurances policy wasto expire. Intermed claimed that it needed additionalp information to triggera claim, which Metrok Emergency Physicians did not do before the end of the policy. In Landry sued Gaddis and Metr oEmergency Physicians, which settled later for $2 millionj with the agreement that Landrhy would pursue collection against Intermed. When Landr filed an equitable garnishment action to collect the Intermed and Landry askesd the Jackson County court forsummaryh judgement. A Jackson County judge awarded summaryy judgementto Landry, effectivelh declaring that the plaintiff should receiver the $2 million settlement.
The appeales court affirmed that decision, saying that Intermed was put on notice that a liability claim might be made with respectyto Landry’s incident. Matthew a lawyer representing Landry, said his client was pleased withthe court’s decision. “Intermed had notice of the claimmat issue,” Birch said. “When an insuranced company has notice and deniescoverage ... this is the resultt they risk.
” Jared Robertson, a Springfield lawyefr representing Intermed, said he anticipated his client would appeal thecase
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