Fortress alleges neither Dr.Lockwood, Dr.Hoecker, nor Ocean Dental complied w/ requests for patient records, as their MP insurance carrier, against terms of their contract. They allegedly never alerted Fortress of pending claims, as required under the insurance contract. IMHO- Fortress makes a good point for Declaratory Judgment. That would leave Dr.Lockwood & Ocean Dental "naked", w/out Malpractice coverage. Yikes!
Dr Lockwood is currently serving time at Federal Medical Center Carswell, in Fort Worth, TX. http://en.wikipedia.org/wiki/Federal_Medical_Center,_Carswell
One big issue is the policy time period for Dr.Lockwood & Dr. Hoecker. Some acts were allegedly made outside the time period of insurance coverage. If so, Dr. Lockwood & Dr. Hoecker were operating "bare" (w/out coverage). Depending on terms of employment w/ Ocean Dental, Dr. Lockwood has a potential counterclaim against Ocean Dental, if they neglected to provide MP insurance coverage to her, as defined under her employment contract.
Dr. Hoecker denies knowledge of the terms in the Dr.Lockwood policy. If Ocean Dental purchased this policy, that would be absurd. BTW- a "claims made" policy will not cover for acts filed AFTER the term period of the policy expires. Thus, a "tail" policy would need to be purchased. Obviously, there was no tail coverage purchased.
Seem just serving time for ones sins is just the beginning of a long life of misery for Dr. Lockwood, while ole Chad Hoecker is singing “Free Bird”.
I hope all these dentists are paying close attention!
Here is a link to all the documents found on the case-