By the Court, PICKERING, J.:
This appeal involves the interpretation of a claims-made professional liability insurance policy that appellant Physicians Insurance Company of Wisconsin, Inc., d.b.a. PIC Wisconsin (PIC), issued to nonparty dentist Hamid Ahmadi, D.D.S. The policy covers dental malpractice claims made against Dr. Ahmadi and reported to PIC during the policy period. On cross-motions for summary judgment, the district court determined that PIC received constructive notice of respondent Glenn Williams's malpractice claim against Dr. Ahmadi while the policy was in force and held that this was enough to trigger coverage. Our review is de novo, Powell v. Liberty Mutual Fire Ins. Co., 127 Nev. 14, ___, 252 P.3d 668, 672 (2011) (citing Farmers Ins. Exch. v. Neal, 119 Nev. 62, 64, 64 P.3d 472, 473 (2003) (insurance policy interpretation presents a question of law); Wood v. Safeway, Inc., 121 Nev. 724, 729, 121 P.3d 1026, 1029 (2005) (summary judgment review is de novo)), and we reverse.
Williams recovered a $480,260 default judgment against Dr. Ahmadi. His complaint alleged that, without his knowledge or consent, Dr. Ahmadi used street cocaine to anesthetize Williams's gums during a 2002 root canal. A short time later, Williams sideswiped a residential gas meter while driving a cement truck for work. His employer subjected him to a mandatory drug test, which came back positive for cocaine. Williams had never used cocaine, and he asked Dr. Ahmadi if the root canal medications might have caused a false-positive test result. Dr. Ahmadi acknowledged the possibility and wrote Williams's employer to suggest this explanation for the positive drug test result, but the employer was unconvinced. As a result, Williams lost his job and his 20-year career as a union truck driver.
The PIC policy had a retroactive date of April 13, 1998, and, through renewals, its coverage extended to April 14, 2004. Williams filed suit against Dr. Ahmadi on April 15, 2004, the day after the PIC policy expired. Earlier, on February 6, 2004, while the policy was still in force, Williams sent Dr. Ahmadi a demand letter by certified mail. Dr. Ahmadi neither responded to Williams nor alerted PIC to the demand or the suit that followed. Five months after the policy expired, Williams, through his lawyer, made demand directly on PIC.
Meanwhile, Dr. Ahmadi's personal and professional life had spun out of control. In December 2003, California authorities arrested him for possession of 57.8 grams (roughly two ounces) of cocaine and charged him with drug trafficking. A month later, the Nevada State Board of Dental Examiners obtained a stipulated order suspending his dentistry license. And on April 13, 2004, Washington authorities arrested Dr. Ahmadi for prescribing painkillers to himself in phony patient names.
PIC learned about Dr. Ahmadi's meltdown anecdotally. An entry in its file log dated January 20, 2004, notes: "Joanie heard on news last nite that [Dr. Ahmadi] has been charged w/ giving patients cocaine." Around the same time, Dr. Ahmadi reported an office burglary in which expensive equipment was stolen (PIC also insured this risk). Because there were no signs of forced entry, PIC became suspicious and hired an investigator. The investigation turned up, among other things, two brief newspaper accounts of Dr. Ahmadi's drug-trafficking arrest. One article reported that Dr. Ahmadi told the arresting officers that he did not sell cocaine but kept it for personal use and for use in his dental practice and that the Nevada State Board of Dental Examiners was "investigating the allegations that Ahmadi used cocaine himself and if he used it on his patients."
When Williams later made direct demand on PIC. the company took the position that coverage did not exist because the claim had not been made and reported during the policy period. Williams responded by filing the suit underlying this appeal. After discovery, the district court granted in part and denied in part the parties' cross-motions for summary judgment. The district court held that Williams did not have a direct right of action against PIC to enforce his default judgment against Dr. Ahmadi. Nonetheless, it granted Williams declaratory relief, holding that Williams's claim had been made and reported during the policy period:
PIC appeals.
The PIC policy is a claims-made-and-reported malpractice policy. For coverage, a claim must be made and reported within the policy period. In granting Williams declaratory relief, the district court focused on the policy's definition of "claim" without considering its insuring agreement clause and related provisions. This was error, in that the decision interpreted "claim" more broadly than the policy's language reasonably allows and effectively recast the policy from a claims-notice policy to an occurrence-notice policy. A court may not rewrite a policy under the guise of construing it. See Griffin v. Old Republic Ins. Co., 122 Nev. 479, 483, 133 P.3d 251, 254 (2006).
An occurrence-based policy provides broader coverage but at greater cost to the insured than a claims-made policy. Under an occurrence policy, "it is irrelevant whether the resulting claim is brought against the insured during or after the policy period, as long as the injury-causing event happens during the policy period." 1 Barry R. Ostrager & Thomas R. Newman, Handbook on Insurance Coverage Disputes § 8.03[a], at 638 (15th ed. Supp. 2011). "By contrast, the event that invokes coverage under a `claims made' policy is transmittal of notice of the claim [during the policy period] to the insurance carrier." Zuckerman v. Nat. Union Fire Ins., 100 N.J. 304, 495 A.2d 395, 406 (1985).
Claims-made policies come in several varieties. "The most restrictive type of claims-made policy is one that requires not only that the claim be both made and reported to the insurer during the policy period, but also that the claim arise out of wrongful acts that take place after the inception of the policy and during the policy period." Ostrager & Newman, supra, § 4.02[b], at 165. Some claims-made-and-reported policies contain "awareness"
The limited-coverage drawback of claims-made insurance "is not without a corresponding benefit to the insured: in claims made policies, risk exposure is terminated at a fixed point and, as a result, underwriters may more accurately predict an insurer's potential liability. This decreased risk allows insurers to supply claims made policies at a lower price, thereby benefitting insureds.'" Simpson & Creasy, P.C. v. Continental Cas. Co., 770 F.Supp.2d 1351, 1355 (S.D.Ga.2011) (quoting Gerald P. Dwyer, Jr., Appleman on Insurance Law and Practice § 4.04[4][d][1] (2010)).
Ostrager & Newman, supra, § 4.02[b], at 162-63 (citations omitted) (internal quotation marks omitted); see American Cas. Co. v. Continisio, 17 F.3d 62, 68 (3d Cir.1994) ("Claims-made policies are less expensive because underwriters can calculate risks more precisely since exposure ends at a fixed point.").
The Nevada Legislature has recognized that claims-made insurance plays an important role in meeting health care provider demand for affordable malpractice insurance. Thus, NRS 690B.210 defines "[c]laims-made policy" as "professional liability insurance [for health care providers] that provides coverage only for claims that arise from incidents or events which occur while the policy is in force and which are reported to the insurer while the policy is in force." Such coverage is valid subject to the insurer complying with NRS 690B.200 through NRS 690B.370. Williams makes no argument that PIC or its policy violated Nevada law or public policy.
As this is a coverage dispute, our analysis starts with the policy's insuring agreement clause. In the PIC policy this clause is entitled "Coverage Agreement" and states:
Section H.2., "What To Do If You Have A Claim ...," spells out the specific information the insured must provide in order to report a claim:
An extended reporting endorsement was available to Dr. Ahmadi that, had he purchased it, would have covered the Williams claim. Thus, when PIC wrote Dr. Ahmadi on April 2, 2004, to cancel the policy because his license had been suspended, it offered him extended reporting or "tail" coverage under Section C.2. of the policy, which states:
But the cost of this coverage was $2,862, and Dr. Ahmadi did not purchase it. Thus, the second sentence of Section C.2.a. applies: "If you do not purchase extended reporting coverage" — Dr. Ahmadi did not — "you will not have coverage for claims that you first report to us after the end of the policy period" — e.g., the Williams claim — "except for those claims that were first received by you during the policy period and reported to us pursuant to Section H.2." — none were.
"We will not rewrite contract provisions that are otherwise unambiguous [or] `attempt to increase the legal obligations of the parties where the parties intentionally limited such obligations.'" Griffin, 122 Nev. at 483, 133 P.3d at 254 (quoting Senteney v. Fire Ins. Exchange, 101 Nev. 654, 656, 707 P.2d 1149, 1150-51 (1985)). Dr. Ahmadi did not pay for the extended reporting endorsement that would have covered the Williams claim, and it is unfair to conscript such coverage judicially. See Continisio, 17 F.3d at 68 ("`an extension of the notice period in a "claims made" policy constitutes an unbargained-for expansion of coverage, gratis, resulting in the insurance company's exposure to a risk substantially broader than that expressly insured against in the policy'" (emphasis omitted) (quoting Zuckerman v. Nat. Union Fire Ins., 100 N.J. 304, 495 A.2d 395, 406 (1985))).
Williams concedes that PIC did not receive actual notice of his demand for damages against Dr. Ahmadi while the policy was in force. Nonetheless, he persuaded the district court that the news accounts of Dr. Ahmadi's disintegration, combined with Dr. Ahmadi's license suspension, gave PIC constructive notice of a potential claim during the policy period and that this was enough to trigger coverage under the third alternative definition of "claim" that appears in the PIC policy's definitions section. That section states:
In Williams's view, a newscast or other public report of an insured's professional misconduct — as a dentist using street cocaine to anesthetize his root canal patients would be — qualifies as a "claim" under subparagraph 3 above.
But the "claim" definition is not self-contained. Its key terms, "professional health care incident" and "damages," also carry specific definitions, which convey a requirement that, for an insured's or a third-party's "report" of a potential "demand for damages" to qualify as a "claim," it must include specific information about a specific wrongful act and consequent injury to a patient. Thus, the policy defines "professional health care incident" to mean "any act or omission in the furnishing of professional health care services to any one person" and "damages" as "all amounts of money that are payable because of physical or mental injury, sickness or disease sustained by any person." The references are singular and specific, not generalized.
The brief news accounts of Dr. Ahmadi's bizarre (and self-serving) explanation to the California Highway Patrol of his reason for possessing two ounces of street cocaine (if they bought his story, he would face mere possession, as opposed to trafficking, charges) did not constitute a "report" to PIC of an "act or omission in the furnishing of professional health care services to any one person" that is "reasonably likely to give rise to a demand for damages." The news accounts mentioned a practice that, if actually engaged in, was illegal and wrong. However, they did not identify when the practice occurred, whether patients suffered injury as a result, and if so, who the injured patient(s) were and what their anticipated injuries might be. Compare City of Harrisburg v. Intern. Surplus Lines Ins., 596 F.Supp. 954, 959-60 (M.D.Pa.1984) ("A newspaper article written and published [about an event], intended to be read by the general public, does not" provide adequate specifics to give notice of a claim under a claims-made policy; without more, "the insurer would have no way of knowing that a claim for coverage was being made" or was expected.), aff'd, 770 F.2d 1067 (3d Cir.1985), with Owatonna Clinic-Mayo Health v. Medical Protective, 639 F.3d 806, 811 (8th Cir.2011) (affirming judgment imposing liability on a claims-made malpractice insurer who received notice during the policy period that its insured was being investigated by the Minnesota Board of Medical Practice; in contrast to the notice in this case, the notice in Owatonna identified the five patients whose care the medical board was investigating and specified in fair detail the specific deviations from the standard of care and the injuries suffered by the patient seeking to impose liability on the insured doctor).
Without specifics, the news accounts of Dr. Ahmadi's disintegration differ little, analytically, from the omnibus notice the trustee of a bankrupt law firm attempted to give the firm's claims-made malpractice carrier in Home Insurance Co. v. Cooper & Cooper, Ltd., 889 F.2d 746, 750 (7th Cir.1989), or the hypothetical considered in McCullough v. Fidelity & Deposit Co., 2 F.3d 110, 112 (5th Cir.1993), of a claims-made insurer with notice that its insured attorney is a free spirit who has abandoned calendaring. In neither instance are there enough specifics provided to qualify as a report of a potential demand for damages under the policy's discovery clause. As Chief Judge Easterbrook wrote in rejecting the bankruptcy trustee's blanket notice of law firm incompetence as insufficient under the policy's discovery clause, "If the trustee had reason to believe that the firm's work in a given case would lead to liability, it was entitled under the policy to inform the insurer within the period of coverage and so ensure indemnity if the potential came to pass." Home Ins. Co. v. Cooper & Cooper, 889 F.2d at 750 (emphasis added). But "[a]n effort to lodge claims on everything, to extend indefinitely the coverage of a 15-month policy, has no similar effect; it is merely vexatious." Id.; accord McCullough, 2 F.3d at 112 ("if notice that an insured attorney has a poor docket control system is accepted as coverage triggering notice of the attorney's wrongful act, the attorney's malpractice coverage would be triggered for any number of suits predicated on missed deadlines," which is an unreasonable interpretation of a claims-made policy's discovery
"[A]llowing coverage to be triggered by broadly phrased, innocuous, or non-specific statements, would permit an unbargained-for expansion of the policy, undermining the key distinguishing characteristic of a claims made policy — reduced exposure for the insurer and lower premiums for the insured." Sigma Financial v. American Intern. Specialty, 200 F.Supp.2d 710, 718 (E.D.Mich.2002); see California Union Ins. v. American Diversified Sav., 914 F.2d 1271, 1274-75 (9th Cir.1990) ("The term `claim' should not be interpreted so broadly as to include a regulatory agency's request of the insured to comply with regulations where, as here, the agency did not directly threaten [the insured] with liability."); KPFF, Inc. v. California Union Ins. Co., 56 Cal.App.4th 963, 66 Cal.Rptr.2d 36, 45 (1997) ("Reports based upon speculation or rumor do not rise to the level of notice of a claim under the awareness [or discovery] provision.").
For a "report" of a potential demand for damages to qualify as a "claim" requires sufficient specificity to alert the insurer's claim department to the existence of a potential demand for damages arising out of an identifiable incident, involving an identified or identifiable claimant or claimants, with actual or anticipated injuries. This interpretation harmonizes the claim definition with the other provisions of the policy, including its insuring agreement clause, reprinted supra section II.B, which requires the insured to provide specifics concerning an actual claim for coverage to attach. See Mut. Real Estate Holdings, LLC v. Houston Cas. Co., No. 10-cv-236-LM, 2011 WL 3841931, at *5 (D.N.H. Aug.30, 2011) ("Ignoring the `Insuring Agreement' section is not a reasonable way to interpret [a claims-made] policy.").
We therefore reverse and remand with instructions to enter summary judgment in favor of PIC.
We concur: CHERRY, C.J., and GIBBONS, J.