Senior Judge: No Coverage For Claim That Insured’s Staff Falsified Records

BROOKLYN, NY – There is no coverage under a directors and officers liability insurance policy for underlying claims that a nursing home’s staff falsified a patient’s records, a New York federal judge ruled July 20, rejecting the insured’s contention that the underlying claim was a covered “derivative claim” (Hollis Park Manor Nursing Home v. Landmark American Insurance Company, No. 09-CV-810 (FB) (RLM), E.D. N.Y.; 2011 U.S. Dist. LEXIS 79353).
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