Washington Dentist Wins $750,000 in Malfeasance Case

Fireman's Fund is undecided as to what action it will take following a malfeasance award of $750,000 to a Washington State dentist.

The Washington State Supreme Court determined the insurer is responsible for providing defense cost to Dr. Robert Woo, a dentist in Auburn, Wash., whose practical joke on a dental assistant went awry.

According to a Seattle Times report, the Supreme Court ruled the dentist should have received legal defense costs from the Novato, Calif.-based insurer after a dental assistant sued Dr. Woo for dental malfeasance.

"We are disappointed with the decision, particularly given the strong points made by Justice James Johnson," Fireman's Fund said in a statement. "We agree with Justice Johnson's well-stated dissenting opinion. We are currently evaluating whether or not to move for reconsideration."

The decision ends an eight-year legal struggle that began when Dr. Woo inserted fake boar tusks into a sedated dental assistant's mouth during an implant procedure, according to the Seattle Times story.

Dr. Woo proceeded to take photographs while the assistant lay sedated with the fake boar teeth and later developed the pictures and showed them to co-workers. The assistant ultimately found out about the pictures and quit her job. She later sued Dr. Woo and was awarded $250,000.

In defending the suit, Dr. Woo sought help from his insurer, Fireman's Fund, under his liability policy. The insurer said it would not defend him because his actions did not fall under "dental services."

The court, however, found that the oral surgeon should have been backed by his insurance provider, according to the Seattle Times.

The state Supreme Court decision restored an original jury verdict award of $750,000 for damages and attorney's fees to the doctor, overturning an appeals court ruling.