Alpha Therapeutic v. St. Paul Fire Marine

23 Citing cases

  1. Estate of Tinervin v. Nationwide Mut

    23 So. 3d 1232 (Fla. Dist. Ct. App. 2010)   Cited 18 times
    In Tinervin, the Florida Court of Appeals observed that the physician's wife fit within the statutory definition of medical assistant; in Duncanville and Assurance Company, the courts stressed that the tortfeasors were radiological technicians; and, in Alpha Therapeutic, the tortfeasor was a medical technician.

    Lindheimer v. St. Paul Fire Marine Ins. Co., 643 So.2d 636, 638 (Fla. 3d DCA 1994). We find Alpha Therapeutic Corp. v. St. Paul Fire Marine Insurance Co., 890 F.2d 368 (11th Cir. 1989), instructive. There, the Eleventh Circuit held that a medical technician's error in transcribing test results was an error in performing a professional service.

  2. Garcia-Navarro v. Hogar La Bella Union, Inc.

    3:17-cv-01271-JAW (D.P.R. Oct. 18, 2022)

    It notes that “in adopting the ‘intricate part doctrine' the [Puerto Rico] Supreme Court cited as persuasive authority . . . Alpha Therapeutic Corp. v. St. Paul Fire and Marine Ins. Co., 890 F.2d 368, 370-71 (11th Cir. 1989), which is the same case cited by Universal to support its position that record keeping practices and miscommunication of medical information to treating physicians, if not professional services on their own, are clerical tasks . . . intricately related to the rendering of the professional services by Hogar.” Id. at 25.

  3. Garcia-Navarro v. Hogar La Bella Union, Inc.

    3:17-cv-01271-JAW (D.P.R. Oct. 18, 2022)   Cited 1 times

    It notes that “in adopting the ‘intricate part doctrine' the [Puerto Rico] Supreme Court cited as persuasive authority . . . Alpha Therapeutic Corp. v. St. Paul Fire and Marine Ins. Co., 890 F.2d 368, 370-71 (11th Cir. 1989), which is the same case cited by Universal to support its position that record keeping practices and miscommunication of medical information to treating physicians, if not professional services on their own, are clerical tasks . . . intricately related to the rendering of the professional services by Hogar.” Id. at 25.

  4. García-Navarro v. Hogar La Bella Unión, Inc.

    717 F. Supp. 3d 193 (D.P.R. 2024)

    The same was true in Assurance Co. of America v. American Registry of Radiologic Technologists, 64 F. Supp. 3d 1289, 1291 (D. Minn. 2014). Finally, in Alpha Therapeutic Corp. v. St. Paul Fire and Marine Insurance Co., 890 F.2d 368 (11th Cir. 1989), the tortfeasor was a medical technician. 890 F.2d at 369.

  5. Driggers Eng'g Servs. Inc. v. Cna Fin. Corp.

    113 F. Supp. 3d 1224 (M.D. Fla. 2015)   Cited 2 times
    Stating that "the applicability of a policy exclusion is a matter of law that can be properly resolved on the pleadings" and finding that testing exclusion precluded coverage

    Driggers' argument, that the other alleged acts in the Underlying Lawsuits were not part of the “roof test,” is similar to arguments propounded by insureds defending against the “professional services” or “medical services” exclusions. These exclusions typically exclude from coverage injuries to third persons arising out of or caused by the rendering or failure to render “any professional service[,]” see Alpha Therapeutic Corp. v. St. Paul Fire & Marine Ins. Co., 890 F.2d 368, 369 (11th Cir.1989); or “ ‘... [m]edical, surgical, dental, x-ray or nursing service, treatment, advice or instruction ... [or] any health or therapeutic service, treatment, advice or instruction....’ ” Colony Ins. Co. v. Suncoast Med. Clinic, LLC, 726 F.Supp.2d 1369, 1372 (M.D.Fla.2010).In cases involving the professional or medical services exclusions, several courts within this district have held that clerical and ministerial duties, medical transcription transportation of a patient, and administrative duties like hiring medical staff and implementing emergency procedures are “intricate” or “integral” parts of medical services, thereby “arising out of” professional or medical services.

  6. Bohreer v. Erie Ins. Group

    475 F. Supp. 2d 578 (E.D. Va. 2007)   Cited 37 times
    In Bohreer v. Erie Ins. Group, 475 F.Supp.2d 578 (E.D. Va. 2007), a federal district court addressed an unusual set of facts, where a widow received a box from a crematory labeled “Family Pet Cremations” but with her late husband's name on the label.

    " Id. Thus, "[t]o suggest that the use of any non-professional to perform some part of the professional undertakings contemplated in a professional services contract somehow alters the nature of services being performed is simply untenable." Id.; see Alpha Therapeutic Corp. v. St. Paul Fire and Marine Ins. Co., 890 F.2d 368, 370-71 (11th Cir. 1989) (finding that transcription error of medical technician testing blood was committed while performing a professional service). As the clerical act of labeling cremated remains is inextricably intertwined with the professional service of cremation, the allegations of the Underlying Action complaint fall squarely within the Ultraflex Policy's professional services exclusion.

  7. Piper Jaffray v. Nat. Union Fire Ins.

    967 F. Supp. 1148 (D. Minn. 1997)   Cited 119 times
    Finding that on a motion to dismiss, "the Court simply may not . . . resolve factual disputes on the basis of preemptive (and untested) submissions" and may only "consider extra-pleading material necessarily embraced by the pleadings . . . and all documents they incorporate by reference"

    Purely ministerial acts requiring no expertise fall without the scope of professional services. Alpha Therapeutic Corp. v. St. Paul Fire Marine Ins. Co., 890 F.2d 368, 370 n. 6 (11th Cir. 1989). The Court has serious doubts regarding Piper's contention — unsupported by a shred of relevant case law — that a failure to follow accounting procedures does not constitute a professional service.

  8. Benner v. Nationwide Mut. Ins. Co.

    93 F.3d 1228 (4th Cir. 1996)   Cited 43 times
    Finding that notice of policy change contained in declarations page was sufficient to bind the insured because "the insured has the duty to read the notice, and the insurer is not responsible for an insured's failure to do so"

    See Wheaton Triangle Lanes, Inc. v. Rinaldi, 236 Md. 525, 204 A.2d 537, 540 (1964); Ray v. William G. Eurice Bros., 201 Md. 115, 93 A.2d 272, 279 (1952). Moreover, an insurance policy is not rendered ambiguous merely by virtue of the fact that it requires careful reading, Viger v. Commercial Ins. Co. of Newark, N.J., 707 F.2d 769, 774 (3rd Cir. 1983) (applying Pennsylvania law), or analysis, Alpha Therapeutic Corp. v. St. Paul Fire Marine Ins. Co., 890 F.2d 368, 370 (11th Cir. 1989) (construing Florida law). Charles Benner testified at trial that he would have understood the household exclusion if he had read it when renewing his policy in December 1991. He also stated that the exclusion would not have been any clearer to him if it mentioned the Maryland Financial Responsibility Law instead of merely "Maryland Law."

  9. City of Delray Beach v. Agricultural Ins. Co.

    85 F.3d 1527 (11th Cir. 1996)   Cited 40 times
    Applying Florida law and holding that when read in context, the phrase `other invasion of the right of private occupancy' means an offense tantamount to wrongful entry or eviction and requires an impingement upon possessory rights

    A. 757 F.2d 1172 1174 463 So.2d 1153 986 F.2d 1379 1381 605 So.2d 911 915 88 So.2d 888 874 F.2d 1447 1456 352 So.2d 1172 986 F.2d at 1382 696 F.2d 1290 1292 890 F.2d 368 370 441 So.2d 175 178 76 So.2d 285 286 369 So.2d 938 B.

  10. American Foreign Ins. v. Colonial Mortg

    936 F.2d 1162 (11th Cir. 1991)   Cited 6 times

    Since the facts had been established beyond dispute, the only remaining issue, whether the acts rendering Colonial liable were "professional services," was a matter of law. See Alpha Therapeutic Corp. v. St. Paul Fire and Marine Ins. Co., 890 F.2d 368 (11th Cir. 1989). The district court determined that Colonial's activities constituted "professional services" as a matter of law: