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Thoracic Cardiovascular Associates v. St. Paul Fire and Marine Insurance Co.9/13/1994
ed, the policy would not apply to claims that were not reported during the policy period, even if, during the policy period, those claims had been made against the insured.
Here, however, the policy was confusing and the termination letter misleading on this critical point. For that reason, I would uphold the trial court's decision to apply the impossibility doctrine in this case, and I respectfully Dissent from the majority decision to reverse.
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