James Bubenik, a dentist, had medical malpractice insurance with Medical

James Bubenik, a dentist, had medical malpractice insurance with Medical Protective Co. (MPC). The policy required MPC to defend Bubenik against any malpractice claim and required Bubenik to cooperate in the defense of such a claim. When a patient filed a claim against Bubenik for malpractice, however, he refused to submit to depositions, answer interrogatories, testify at trial, or communicate with MPC. Instead, he agreed to help the patient obtain a payment. Under these circumstances, did MPC have a legal or ethical duty to defend against the claim? Could MPC refuse to pay it? Explain. [Medical Protective Co. v. Bubenik, 594 F.3d 1047 (8th Cir. 2010)]

 

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