CHRISTOPHER E. JOHNSON, ADMINISTRATOR (ESTATE OF DEBRA L. JOHNSON) et al. v. CONNECTICUT INSURANCE GUARANTY ASSOCIATION et al., SC 18712
Judicial District of Middlesex
Insurance; Whether Policy Exclusion Barring Coverage for Negligence by Paramedical Employee "for whom a Premium Charge is Shown on the Declarations Page" Applies Where Declarations Page does not Name Any Paramedical Employees Individually or by Job Title. The plaintiffs brought this action seeking a declaratory judgment regarding the obligation of the defendant, Connecticut Insurance Guaranty Association (CIGA), to provide insurance coverage for a medical malpractice claim against the defendant, Middlesex Obstetrics and Gynecological Associates, P.C. (Middlesex). CIGA assumed responsibility for the group insurance policy due to the insolvency of the insurance company that issued the policy. In the underlying action, the plaintiffs claimed that Middlesex was liable for the death of Debra L. Johnson due to the negligence of Kathy Hoffman, a nurse practitioner employed by Middlesex but not named as a defendant. In one portion of the policy, professional liability insurance is provided to Middlesex with a general premium for such coverage. In a separate section, the policy provides professional liability insurance for a category of staff referred to as paramedical employees, which includes nurse practitioners. The policy, however, specifically excludes coverage for claims against Middlesex involving injuries arising solely out of negligence "by any paramedical for whom a premium charge is shown on the declarations page." The declarations page lists the premium for paramedicals as "included" but does not identify any nurse practitioner by name or job title. In this action, CIGA claimed that the exclusion bars coverage because the plaintiffs’ action is based on the alleged negligence of Hoffman, who is a "paramedical for whom a premium charge is shown on the declarations page" of the policy. The trial court disagreed, finding that because no premium charge is specifically listed for Hoffman, individually, on the declarations page, she is not separately and individually insured under the policy. Accordingly, it found that the exclusion does not bar coverage of the plaintiffs’ claim against Middlesex based on Hoffman’s alleged negligence. CIGA appeals from the trial court's decision.