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Ca: Insurer has no duty to defend nurse charged with tort of intrusion upon seclusion: Ontario case

Posted on April 19, 2021 by pogowasright.org

Bernise Carolino reports:

In Demme v. Healthcare Insurance Reciprocal of Canada, 2021 ONSC 2095, the plaintiff, then employed as a registered nurse in a hospital, allegedly misused an automatic dispensing unit to obtain over 23,000 Percocet tablets for herself, without authorization, from 2006 to 2016. She allegedly wrongfully accessed personal medical records of over 11,000 patients for this reason. She pleaded guilty to the criminal charge of theft of the tablets.

The plaintiff and the hospital faced eight civil actions filed by patients alleging that the plaintiff committed the tort of intrusion upon seclusion. The plaintiff requested that the Healthcare Insurance Reciprocal of Canada (HIROC) defend her in the actions, pursuant to an insurance policy that covered the hospital and its employees.

Read more on Canadian Lawyer.

Category: BreachesCourtNon-U.S.

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