William F. McDevitt (Partner-Philadelphia, PA) successfully argued Preliminary Objections before the Pennsylvania Commonwealth Court and secured a dismissal for the firm’s insurance broker client. The case involved a tail policy sold to a retiring physician. A medical malpractice suit was filed against the physician after the 4 year tail expired (and after the physician died). The carrier of the brokered policy and the statutory excess carrier denied coverage. The medical malpractice plaintiff’s Estate accepted an assignment of the physician’s claims against his insurance carrier, statutory excess carrier and the broker. Plaintiff’s Estate argued that the brokered policy violated a Pennsylvania statute allegedly requiring physicians to maintain more than 4 years of insurance coverage at the end of their careers. William convinced the Commonwealth Court that the case against the broker was time-barred because the two year statute of limitations began on the date coverage was denied and the physician first incurred losses (legal fees), which was more than 2 years before the institution of suit.