McGee v. United States Fidelity & Guaranty Co.
|McGee v. United States Fidelity & Guaranty Co.|
|Court||U.S. Court of Appeals, 1st Circuit|
|Citation||53 F.2D 953 (1931)|
McGee’s insurance company notified him that they would not cover the damages paid to George Hawkins based on evidence that Dr. McGee made a special contract to cure or guarantee the results of his treatment. Note that the insurance company continued to defend Dr. McGee as to not make any part of the trial seem suspicious.
McGee is seeking review of a judgment already handed down.
Should the insurance company cover this special contract?
The court affirmed the judgment in favor of the company.
A special contract is not the same as “malpractice, error or mistake,” and thus the insurance policy should not cover the special contract to cure Hawkins “that he should have a perfect hand, one hundred percent good.”
The judgment of the District Court is affirmed, with costs.