Legal Question in Medical Malpractice in Pennsylvania

Re: med malpractice

There are crimes which require only reckless intent. Consider the defendant who is charged with dui and negligent homicide. I believe that such circumstanaces in Pa. do not negate an insurance claim. On the other hand a murderer's home owners insurance is not liable for the conduct of insured who intentionally kills someone.

Re: med malpractice

The med mal carrier can reserve its rights not to indemnify the insured if it considers the allegations against its insured beyond the scope of the insurance. But, it must provide a defense for the insured and must provide the insured, at least in California, and I suspect in each case, with access to independent counsel because of the obvious conflict of interest in such a case.