In DeMarco v. Stoddard, the Supreme Court of New Jersey held that a medical (podiatric) malpractice policy that was procured via fraud in the application could and should be rescinded ab initio, with the insurer not obligated to defend or indemnify the doctor. In so holding, the Court examined multiple issues, including the background of compulsory malpractice coverage in both New Jersey (where the malpractice occurred) and Rhode Island (where the policy was issued by a state-created entity), choice of law, and reformation, rescission and fraud.

Hear from the attorney who successfully represented the Medical Malpractice Joint Underwriting Association of Rhode Island in the appeal before the New Jersey Supreme Court as to the ins and outs, and ups and downs, of the case and the impact of the decision moving forward for insurers, professionals and plaintiffs in New Jersey.