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Landmark Cases

Case Name: AETNA v. Donald McCABE & Gale Greenberg

Date, Location, Cite: 1983 PA 
536 F. Superintendent. 1342
US District Court, E.D. PA

Greenberg sued McCabe for Malpractice based on sexual contact & assault. (After she lived with him) Affair lasted 6 yrs. Aetna insured, defended him, then tried to dump based on "punitive damages belong to defendant" and sex not covered. Court said if they defended then they covered, but only for malpractice, not for punitive; also said 6 yr affair was one event. Malpractice "arose from" professional contact (Aetna contract wording), even if intentional battery. Award was $575,000, Aetna paid $250,000 of this (limit of their policy) cf Mazza v. Huffaker