Midwest Medical Ins. Co. v. Doe
| Decision Date | 08 February 1999 |
| Docket Number | No. 980231,980231 |
| Citation | 589 N.W.2d 581,1999 ND 17 |
| Court | North Dakota Supreme Court |
| Parties | MIDWEST MEDICAL INSURANCE COMPANY, Plaintiff and Appellant, v. Jane DOE and Dr. John Roe, Defendants and Appellees, State Farm Fire & Casualty Company, Intervenor and Appellee. Civil |
Richard J. Thomas, of Burke & Thomas, St. Paul, for plaintiff and appellant Midwest Medical Insurance Company.
J. P. Dosland, of Dosland, Nordhougen, Lillehaug and Johnson, Moorhead, for defendant and appellee Jane Doe.
Jon J. Jensen, of Pearson, Christensen, Clapp, Fiedler, Fischer & Jensen, Grand Forks, for defendant and appellee Dr. John Roe.
¶1 Midwest Medical Insurance Company (Midwest) appealed from a summary judgment declaring Midwest has a duty to indemnify Dr. John Roe (a pseudonym) for damages he may become legally obligated to pay to Ms. Jane Doe (a pseudonym) for medical malpractice involving the negligent mishandling of patient transference. We hold it was improper, under the circumstances of this case, for the trial court to grant declaratory relief, and we vacate the summary judgment.
¶2 At all times relevant to these proceedings, Dr. Roe was a licensed physician specializing in internal medicine in Fargo. In 1989 he met Doe, who operated a weight loss clinic in Fargo. Dr. Roe contacted Doe about referring patients to him, and the two saw each other for business reasons or socially on numerous occasions.
¶3 During June 1993, Doe referred herself to Dr. Roe for treatment of alcoholism and a mental condition. Dr. Roe diagnosed Doe as having a bipolar disorder. He prescribed medications and saw her for treatment on numerous occasions.
¶4 According to Doe, she went on a drinking binge on March 20, 1994 and then called Dr. Roe. At Dr. Roe's direction, she went to his house and they engaged in sexual intercourse that evening. Doe claims she and Dr. Roe engaged in an ongoing sexual relationship while Dr. Roe continued to treat her as a patient. After the relationship ended, Doe filed a malpractice action against Dr. Roe, alleging he negligently prescribed the wrong medication for her, negligently failed to refer her to a psychiatrist, and negligently handled the phenomenon of patient transference. 1
¶5 With Doe's action pending, Midwest, Dr. Roe's medical malpractice insurance carrier, brought this declaratory judgment action under N.D.C.C. Ch. 32-23, requesting the trial court to declare Midwest has no obligation to indemnify Dr. Roe for liability he may incur upon Doe's claim for negligent transference. Midwest claimed Dr. Roe was not using transference as a therapeutic tool to treat Doe and their sexual relationship could not, therefore, constitute professional malpractice by Dr. Roe covered by the insurance policy. The trial court entered a summary judgment, declaring Midwest has a duty to defend and indemnify Dr. Roe for all claims brought against him by Doe.
¶6 Midwest has agreed to defend Dr. Roe, under a reservation of rights to dispute its obligation to indemnify for damages arising out of the sexual relationship between Dr. Roe and Doe. Midwest concedes it has an obligation to indemnify Dr. Roe for any damages he may become obligated to pay Doe upon her claims the doctor negligently prescribed medications and negligently failed to refer her to a psychiatrist. The only obligation of Midwest at issue is whether Midwest is obligated to indemnify Dr. Roe for liability he may incur for damages arising out of Dr. Roe and Doe's sexual relationship. 2
¶7 Under N.D.C.C. § 32-23-06, a trial court must render a declaratory judgment, upon request by an insurance company, to determine coverage and duty to defend. Blackburn, Nickels & Smith, Inc. v. National Farmers Union Property & Casualty Co., 452 N.W.2d 319, 323 (N.D.1990). Under the statute, the trial court must render a declaratory judgment even though "the insured's liability for the loss may not have been determined." Nevertheless, we conclude Midwest's request for declaratory relief is premature and an inappropriate use of the declaratory judgment process.
¶8 The purpose of declaratory relief under N.D.C.C. Ch. 32-23, is to settle uncertainties about rights, status, and other legal relations in an underlying justiciable controversy. Nermyr ex rel. McMullen v. North Dakota Dep' t of Human Services, 470 N.W.2d 196, 198 (N.D.1991). Midwest concedes it has a duty to defend its insured against all claims brought against him by Doe, and further concedes it is obligated to indemnify the insured if he is found liable under some of the theories underlying Doe's cause of action against him. No uncertainty or controversy will be eliminated in the underlying litigation by rendering an advisory opinion on Midwest's obligation to indemnify if Dr. Roe should happen to be held liable solely upon his negligent handling of transference.
¶9 The gravamen of Doe's action is that Dr. Roe negligently handled her treatment. The alternative theories of...
To continue reading
Request your trial
-
Thierfelder v. Wolfert
...587, 732 N.Y.S.2d 447, 450–51 (2001); MacClements v. LaFone, 104 N.C.App. 179, 408 S.E.2d 878, 880 (1991); Midwest Med. Ins. Co. v. Doe, 589 N.W.2d 581, 583 n. 2 (N.D.1999); Darnaby v. Davis, 57 P.3d 100, 108–09 (Okla.Civ.App.2002); Roe v. Jefferson, 875 S.W.2d 653, 658 (Tenn.1994); Lenhard......
-
Thierfelder v. Wolfert, J-10-2010
...N.Y.S.2d 447, 450-51 (N.Y. App. Div. 2001); MacClements v. LaFone, 408 S.E.2d 878, 880 (N.C. Ct. App. 1991); Midwest Med. Ins. Co. v. Doe, 589 N.W.2d 581, 583 n.2 (N.D. 1999); Darnaby v. Davis, 57 P.3d 100, 108-09 (Okla. Civ. App. 2002); Roe v. Jefferson, 875 S.W.2d 653, 658 (Tenn. 1994); L......
-
Nodak Mut. Ins. Co. v. Wamsley
...We are unable to conclude that the trial court abused its discretion under the first sentence of N.D.C.C. § 32-23-06. Midwest Med. Ins. Co. v. Doe, 1999 ND 17, ¶ 7, 589 N.W.2d 581, where we concluded an insurer's request for declaratory relief was premature and inappropriate, does not requi......
-
RIVERSIDE PARK CONDOMINIUMS UNIT v. Lucas
...32-23, is to settle uncertainties about rights, status, and other legal relations in an underlying justiciable controversy." Midwest Med. Ins. Co. v. Doe, 1999 ND 17, ¶ 8, 589 N.W.2d 581. "Under the first sentence of N.D.C.C. § 32-23-06, `the trial court's decision to grant or deny a reques......