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ST. PAUL FIRE & MARINE INS. CO. v. AETNA CAS. & SUR. CO.

Civ. No. 74-713.

394 F.Supp. 1274 (1974)

ST. PAUL FIRE & MARINE INSURANCE COMPANY and Medical Protective Company, Plaintiffs, v. The AETNA CASUALTY & SURETY COMPANY, Defendant.

United States District Court, M. D. Pennsylvania.

August 28, 1974.

Attorney(s) appearing for the Case

T. E. Byrne, Jr., Philadelphia, Pa., R. Hart Beaver, Lebanon, Pa., for plaintiffs.

James K. Thomas, Metzgar, Hafer, Keefer, Thomas & Wood, Harrisburg, Pa., for defendant.

OPINION

MUIR, District Judge.

In September, 1969, in the Court of Common Pleas of Northumberland County, Pennsylvania, Lena Derrick sued the Sunbury Community Hospital and Mary Yankosky, M.D., for medical malpractice. Dr. Yankosky was insured by the Medical Protective Company for up to $100,000 per claim arising out of medical malpractice. Also, she was provided with excess medical malpractice insurance coverage by the St. Paul Fire and Marine Insurance...

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