What is the test for a plaintiff to obtain a claim against a medical malpractice insurer?
MultiRegion, United States of America
The following excerpt is from Estate of Silva v. City of San Diego, Case No.: 3:18-cv-2282-L-MSB (S.D. Cal. 2020):
moving force behind the deprivation of a constitutional right, the identified deficiency in the policy must be closely related to the ultimate injury," and the plaintiff must establish "that the injury would have been avoided had proper policies been implemented." Long v. Cty. of Los Angeles, 442 F.3d 1178, 1190 (9th Cir. 2006).
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