![]() at PageID.12.) Marcin says that Minkiewicz also recommended that Marcin try massage therapy, which Total Health Systems offers. ![]() 1, PageID.11–12.) She initially started her treatment with Rose Minkiewicz, a chiropractor, who recommended and performed acute chiropractic care. for pain and decreased mobility in her neck and back. Jody Marcin sought evaluation and treatment from Total Health Systems, Inc. The Court will begin by summarizing the alleged facts of the underlying lawsuit, which are primarily provided by the complaint in that suit. Because the Court finds that Proselect has a duty to defend Morales in the underlying state action, the Court will GRANT Aspen’s partial motion for summary judgment and DENY Proselect’s motion for summary judgment. And Aspen filed a partial motion for summary judgment on the duty to defend claim. In particular, Proselect brought a motion for summary judgment. Both insurance companies ask the Court to rule in its favor as a matter of law. In response, Proselect argues that it has no such duties because Morales is not covered under its policy as he did not provide “medical treatment” to Marcin as a massage therapist. 19, PageID.446 Filed 12/15/21 of 17 already incurred (Count II). ![]() So Aspen brought a declaratory judgment action in this Court, asking it to declare that Proselect has a duty to defend and a duty to indemnify Morales (Count I), and seeking equitable subrogation for the litigation expenses it Case 2:21-cv-11411-LJM-KGA ECF No. However, Aspen argues that Proselect, Total Health Systems’ insurer, is responsible for defending and indemnifying Morales in the underlying case. Aspen provides professional liability insurance to Morales and has been defending him against Marcin’s allegations. Marcin claims that Morales, his employer, Total Health Systems, Inc., and two Total Health Systems chiropractors were negligent in caring for her. In that case, Jody Marcin is suing Morales, a licensed massage therapist, for therapy he performed on her in 2017. OPINION AND ORDER GRANTING PLAINTIFF’S PARTIAL MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, AND DENYING DEFENDANT’S MOTION FOR SUPPLEMENTARY BRIEFING Two insurers, Aspen Specialty Insurance Company and Proselect Insurance Company, dispute whether Proselect is obligated to defend and indemnify Raul Morales in a professional negligence action in Michigan state court. 19, PageID.445 Filed 12/15/21 of 17 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ASPEN SPECIALTY INS. View source version on businesswire.Aspen Specialty Insurance Company v. ![]() Headquartered in the United States, the company does business in over 100 countries with regional offices in London, Amsterdam, Dubai, Hong Kong, Singapore and Mexico City. ĪM Best is a global credit rating agency, news publisher and data analytics provider specializing in the insurance industry. For information on the proper use of Best’s Credit Ratings, Best’s Performance Assessments, Best’s Preliminary Credit Assessments and AM Best press releases, please view Guide to Proper Use of Best’s Ratings & Assessments. For additional information regarding the use and limitations of Credit Rating opinions, please view Guide to Best's Credit Ratings. For all rating information relating to the release and pertinent disclosures, including details of the office responsible for issuing each of the individual ratings referenced in this release, please see AM Best’s Recent Rating Activity web page. This press release relates to Credit Ratings that have been published on AM Best’s website. The ratings of Coverys reflects its balance sheet strength, which AM Best assesses as strongest, as well as its marginal operating performance, neutral business profile and appropriate enterprise risk management. The ratings of CIIC reflect its role as a member of Coverys and the explicit support provided to CIIC through the implementation of a quota share reinsurance agreement with ProMutual, the lead company of Coverys. All companies are members of Coverys Companies (Coverys). The outlook assigned to these Credit Ratings (ratings) is stable.Ĭoncurrently, AM Best has affirmed the FSR of A (Excellent) and the Long-Term ICRs of "a" (Excellent) of Medical Professional Mutual Insurance Company (ProMutual) (Boston, MA) and its other wholly owned subsidiaries, ProSelect Insurance Company (Omaha, NE), Preferred Professional Insurance Company (PPIC) (Omaha, NE) and Coverys Specialty Insurance Company (Morristown, NJ), as well as ProMutual’s sponsored risk retention group, Coverys RRG, Inc. OLDWICK, N.J., July 14, 2022-( BUSINESS WIRE)- AM Best has assigned a Financial Strength Rating (FSR) of A (Excellent) and a Long-Term Issuer Credit Rating (Long-Term ICR) of "a" (Excellent) to Coverys International Insurance Company Designated Activity Company (CIIC) (Ireland). ![]()
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