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The Court of Appeal held that the professional liability policy’s mitigation of loss coverage was not subject to the $10 million limit and upheld special costs.
The court resolved residual issues after summary trial, removed unnecessary wording from the draft order, declined to decide the deductible question, and awarded special costs with exceptions.
The court held the policy’s mitigation of loss coverage was not subject to the $10 million limit, and awarded Surespan its submitted mitigation costs plus compensatory damages, less any deductible.
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