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PACIFIC INDEM. CO. v. LINN

Civ. A. No. 79-699.

590 F.Supp. 643 (1984)

PACIFIC INDEMNITY COMPANY v. Robert LINN, D.O., Stephen D. Moses, D.O., Robert Linn Medical Associates, David H. Smith, Individually and as Administrator of the Estate of Patricia Smith, Deceased, Jack Silberlicht, Executor of the Estate of Judith Silberlicht, Deceased, Aetna Insurance Company, William K. Myrletus, Director, Pennsylvania Professional Liability Catastrophe Loss Fund, Chicago Insurance Company, and Interstate Fire & Casualty Company v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Pennsylvania Professional Liability Joint Underwriting Association.

United States District Court, E.D. Pennsylvania.

June 25, 1984.

Attorney(s) appearing for the Case

Henry H. Janssen, Rawle & Henderson, Philadelphia, Pa., for plaintiff.

Walter W. Rabin, Philadelphia, Pa., for Robert Linn, D.O., Stephen D. Moses, D.O. and Robert Linn Medical Associates.

Jay J. Lambert, Philadelphia, Pa., for Pennsylvania Professional Liability Joint Underwriting Ass'n.

John A. Guernsey, Philadelphia, Pa., for Interstate Fire & Cas. Co.

Kevin Canavah, Philadelphia, Pa., for Nationwide Mut. Fire Ins. Co.

Thomas C. DeLorenzo, Philadelphia, Pa., for Aetna Ins. Co.

David M. Donaldson, Philadelphia, Pa., for Pennsylvania Professional Liability Catastrophe Loss Fund.

MEMORANDUM AND ORDER

SHAPIRO, District Judge.

This is a declaratory judgment action by Pacific Indemnity Company ("Pacific") to determine which insurance company, if any, must defend and indemnify claims against Robert Linn, D.O. ("Dr. Linn") which have been or may be asserted on behalf of persons who read Dr. Linn's book, The Last Chance Diet, followed the diet program it recommended, and consequently suffered personal injury or death. Liability...

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