Medical Mutual Insurance Company of North Carolina v. Littaua, et al.

Filing 25

MEMORANDUM OPINION (Granting Defendant Kyung Chun Yeon's Motion to Dismiss). See Opinion for details. Signed by Senior United States District Judge Henry E. Hudson on 2/17/2021. (sbea,)

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

MEDICAL MUTUAL INSURANCE
COMPANY OF NORTH CAROLINA,
Plaintiff,

v.

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REBECCA ALEJANDRINO
LITTAUA, M.D., et. al,
Defendants.

Civil Action No. 3 :20-cv-822-HEH

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MEMORANDUM OPINION
(Granting Defendant Kyung Chun Yeon's Motion to Dismiss)

The case presently before the Court evolves from a medical malpractice lawsuit
currently pending in the Circuit Court of the City of Petersburg, Virginia. Rebecca
Alejandrino Littaua, M.D. ("Dr. Littaua") and her medical practice, Tri-Cities Infectious
Disease Associates, P.C. ("Tri-Cities") ,are defendants in that case. Dr. Littaua was the
treating physician of Ki Hoon Yeon (the "Decedent"), whose estate is the plaintiff in the
Petersburg case. Medical Mutual Insurance Company of North Carolina ("Med Mutual")
is Dr. Littaua and Tri-Cities' insurance carrier and is seeking a declaratory judgment from
this Court that it has no obligation to provide insurance coverage for the defense of the
case in Petersburg. In seeking a declaratory judgment, Med Mutual contends that Dr.
Littaua modified or altered the Decedent's medical records in violation of the specific
conditions of coverage under the policy at issue. Presently before the Court is Defendant
Kyung Chun Yeon's, the Administrator of the Decedent's Estate, Motion to Dismiss

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