Pacelli E. Brion v. Vigilant Insurance

Dr. Pacelli Brion, M.D., appeals from the trial court's order sustaining respondent Vigilant Insurance Company's motion to dismiss appellant's petition for failure to state a claim. Dr. Brion appeals only from the dismissal of Count II of his petition. We reverse and remand. In Count II of his petition, appellant alleges that he is a psychiatrist who was joined by Deaconess Hospital in a third-party petition alleging professional negligence; that respondent assumed appellant's defense pursuant to the terms of a contract of insurance issued to appellant by respondent; and that respondent settled claims made against appellant in the third-party petition without appellant's consent contrary to the express provisions of the insurance contract. Appellant's alleged damages resulting from the breach of contract are loss of a malicious prosecution claim against Deaconess Hospital; 1 embarrassment, humiliation, and disgrace individually and professionally; loss of reputation and standing in the community as a psychiatrist; mental anguish now and in the future; loss of time and earnings from his occupation as a psychiatrist; and attorney's fees incurred in the unsuccessful prosecution of the malicious prosecution action.