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June 08, 2006 08:17 AM Eastern Time 

Lawyer Ordered to Pay Doctor - Writes First Check; Healthcare Underwriters Group of Florida Continues Fight against Frivolous Lawsuits

DANIA, Fla.--(BUSINESS WIRE)--June 8, 2006--Today, Healthcare Underwriters Group of Florida (HUFL), a physician owned and governed medical professional liability insurance company, announced the receipt of a check that confirms an important victory in HUFL's ongoing campaign to stop nuisance claims against Florida doctors.

The original victory came on August 12th, 2005 when a Broward County Circuit judge ruled in favor of an HUFL insured doctor by dismissing a medical malpractice claim and ordering the plaintiff's attorney to pay the defense attorney's fees and costs.

“Our insured physicians own this company. We have promised them that we will not settle claims without merit”

The plaintiff's attorney initially appealed the decision, and then withdrew the appeal. In keeping with an agreed upon payment plan, the first check from the plaintiff's attorney has now arrived to pay the fees and costs.

"This first check from an attorney confirms our ability to effectively fight meritless cases," said Steven Shapiro, M.D., Chairperson of the Board for HUFL. "When a patient is truly injured by a medical error, we want to pay a reasonable amount in a timely manner. However, every attorney in Florida needs to understand that we will not pay meritless claims simply to make them go away. They need to understand that, through HUFL, Florida physicians have taken control of their defense. To preserve the reputations of our insured doctors and to discourage meritless claims, we are going to fight back every time."

Michael A. Petruccelli, the defense attorney who handled this case on behalf of HUFL's insured doctor, was pleased with the outcome. He is hoping that this victory will serve as an example for other insurance companies as they face a choice between settling and fighting such claims.

"Working with Healthcare Underwriters Group is refreshing. They have made it clear that they want their physicians defended fully when someone brings a claim with no merit," said Petruccelli. "I believe that an aggressive defense posture could go a long way toward deterring the filing of non-meritorious claims against HUFL insured doctors in the future."

"Our insured physicians own this company. We have promised them that we will not settle claims without merit," said HUFL's Director of Claims, David McKenney. This was clearly a case that fell into that category. I have heard people raise concerns over how prudent it is to fight meritless claims in Florida. Some seem to think it will just be too expensive to fight this fight. In fact, I believe that, over time, it is too expensive not to fight. This case sends a clear message that our physicians have had enough! Attorneys that bring meritless cases against HUFL insureds can expect to face an uphill battle. They may even end up writing a check."

HUFL is a non-profit, non-assessable insurance reciprocal owned and governed by Florida doctors. The company is domiciled in Florida and licensed by the Florida Office of Insurance Regulation. For more information, call (866) 484-5715 or visit http://www.HUgroupfl.com.

Contacts

Healthcare Underwriters Group of Florida, Dania
John Hastie, 866-484-5715
Jhastie@hugroups.com
http://www.hugroupfl.com

Smart Multimedia Gallery

David McKenney (left), Claims Director for Healthcare Underwriters Group of Florida (HUFL), and Michael A. Petruccelli, J.D. of McIntosh, Sawran, Peltz, Cartaya & Petruccelli, P.A. holding a check from a plaintiff's attorney who was ordered to pay an HUFL insured doctor's defense costs after bringing a meritless case.  HUFL, a physician owned and governed malpractice insurer is continuing a battle against meritless claims. (Photo:  Business Wire)

David McKenney (left), Claims Director for Healthcare Underwriters Group of Florida (HUFL), and Michael A. Petruccelli, J.D. of McIntosh, Sawran, Peltz, Cartaya & Petruccelli, P.A. holding a check from a plaintiff's attorney who was ordered to pay an HUFL insured doctor's defense costs after bringing a meritless case. HUFL, a physician owned and governed malpractice insurer is continuing a battle against meritless claims. (Photo: Business Wire)

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