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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND FREESTATE HEALTHCARE INSURANCE COMPANY, LTD. Plaintiff v. CHESTER RIVER HEALTH SYSTEM, INC., ET AL. Defendants. * * * * * * Civil No. CCB-06-2951 * * * * * * ***** MEMORANDUM

Plaintiff, Freestate Healthcare Insurance Company, Ltd. ("Freestate"), moves for partial summary judgment, and defendants, Chester River Health System, Inc. (the "Health System") and Chester River Hospital Center, Inc. (the "Hospital") (collectively "defendants"), oppose the motion and cross-move for partial summary judgment in this insurance dispute based on an action arising from a medical incident at the Hospital on September 14, 2004.1 Specifically, Freestate asks this court to declare that it is not obligated to provide coverage under the terms of Exclusion L it issued under Policy No. 2006-01, a professional liability insurance claims-made policy covering the period of March 1, 2006 to March 1, 2007, whereas the defendants argue that

The underlying action, Charlotte Smith, through her parent and next friend, Lena Walker v. Chester River Hospital Center, Inc., Case No. 14-C-06-006755, was filed on May 9, 2006 and is currently pending in the Circuit Court for Kent County, Maryland. (Pl.'s Mot. for Partial Summ. J., Ex. 1.) On September 14, 2004, Smith was admitted to the Hospital complaining of a severe headache and was provided with an intravenous medication, Dilaudid, at approximately 6:30 a.m., in response to which she suffered respiratory arrest that was not discovered until 7:20 a.m., at which time a Code was called and Hospital staff resuscitated her. (Am. Compl.

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