• Free Consultations Available
  • Call 732-702-0333 Today
  • Se habla Español


The medical malpractice insurance carrier must still cover a doctor who lied on his policy application and who is now being sued. A New Jersey appeals court published this ruling regarding the case of DeMarco v. Stoddard.

Dr. Sean Stoddard had offices in Toms River and Lakewood. He carried medical malpractice insurance with the Medical Malpractice Joint Underwriting Association of Rhode Island (JUA) from 2007 to 2011. Stoddard answered yes when asked if he had at least 51 percent of his business generated in Rhode Island. He in fact had no business in Rhode Island.

Dr. Sean Stoddard operated on the foot of patient Thomas DeMarco, in September 2010. DeMarco's foot got worse and he and his wife filed a medical malpractice claim against Stoddard, who by that time had moved to California. The JUA would not cover the doctor's case after the company learned that Stoddard had no practice in Rhode Island. A court in Rhode Island allowed the JUA to renege on its policy coverage in this case.

Then, DeMarco added JUA as a defendant in the case. Appellate Division Judge Victor Ashrafi wrote, "The DeMarcos are innocent third parties with respect to Stoddard's misrepresentations." He noted that medical malpractice coverage is like car insurance, in that in New Jersey, law requires both. New Jersey requires doctors to carry at least $1 million her occurrence.

This ruling means that even if the doctor who liked on his application for insurance the medical malpractice coverage cannot be cancelled for the innocent patient who seeks compensation for damages suffered.


If you have suffered harm caused by the reckless or negligent actions of a medical professional, including a wrongful death, please contact the Law Office of Mallon and Tranger at any of our Ocean County or Monmouth County offices. Our lawyers can be reached by phone at 732-702-0333 or by filling out the intake form.

No Comments

Leave a comment
Comment Information

Each and every case that we take gets our full attention. When you hire us, you know you have experienced
attorneys doing everything we can to put you and your case in the best possible position for a positive resolution.

Email Us For A Response

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Freehold map image
Toms River map image
Point Pleasant map image

86 Court Street
Freehold, NJ 07728

Phone: 732-702-0333
Fax: 732-780-5002
Freehold Law Office Map

Point Pleasant
3247 Route 88
Point Pleasant, NJ 08742

Phone: 732-702-0333
Fax: 732-780-5002
Map & Directions

Toms River
250 Washington Street
Toms River, NJ 08753

Phone: 732-702-0333
Fax: 732-780-5002
Map & Directions