Justia Washington Supreme Court Opinion Summaries
Articles Posted in Professional Malpractice & Ethics
Chi. Title Ins. Co. v. Office of Ins. Comm’r
Chicago Title Insurance Company (CTIC) appointed Land Title Insurance Company as its agent for the purpose of soliciting and effectuating CTIC's insurance policies. Land Title violated the anti-inducement laws. The Supreme Court held that CTIC was responsible for Land Title's regulatory violations, pursuant to statutory and common-law theories of agency. "When the statute forbids the insurer or its agent from certain conduct, it means that the insurer may not do indirectly-through its agent-what it may not do directly." View "Chi. Title Ins. Co. v. Office of Ins. Comm'r" on Justia Law
Cornu-Labat v. Hosp. Dist. No. 2 of Grant County
While employed as a physician at Quincy Valley Medical Center (QVMC), Gaston Cornu-Labat was the subject of several complaints that raised doubts as to his competency to practice medicine. QVMC conducted two investigations that ended after the charges against Dr. Cornu-Labat were not substantiated. Nevertheless, QVMC requested that Dr. Comu-Labat be psychologically evaluated and ended the doctor's employment when he failed to consult the recommended provider. Dr. Cornu-Labat filed a Public Records Act (PRA) request asking for records related to the hospital's investigations. QVMC claimed the documents were exempt from disclosure. The trial court granted summary judgment in favor of Dr. Cornu-Labat, holding none of the PRA exemptions invoked by QVMC applied. The court concluded that the records of a peer review committee that contained nonphysicians could not qualify for the exemption. Upon review, the Supreme Court determined that was error. The Court remanded because questions of material fact remained as to whether the records at issue were prepared for a regularly constituted peer review body. Further, questions remained as to whether any records were generated during a confidential meeting of agents of the QVMC board concerning Dr. Cornu-Labat's clinical or staff privileges.
View "Cornu-Labat v. Hosp. Dist. No. 2 of Grant County" on Justia Law
In re Recall of Lindquist
Petitioners Albert Ugas and Daniel Fishburn filed a recall petition against Respondent Pierce County Prosecutor Mark Lindquist, charging him with misfeasance and/or malfeasance and breach of his oath of office. Petitioners alleged that Mr. Lindquist failed to investigate alleged corruption and falsification of records by a former county assessor-treasurer. Additionally, Petitioners contended that Mr. Lindquist obstructed justice by deterring law enforcement from investigating the assessor-treasurer. The lower court dismissed Petitioners' affidavit of prejudice and held that the recall petition was legally and factually insufficient. The court awarded Mr. Lindquist $50,000 in attorney fees for Petitioners' intentionally filing a frivolous recall petition in bad faith. Petitioners argued on appeal that their recall petition was legally and factually sufficient and that they should not have been ordered to pay attorney fees. Upon review of the petition and the applicable legal authority, the Supreme Court affirmed the trial court's decision.
View "In re Recall of Lindquist" on Justia Law