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PICA v. PROFESSIONAL RISK INSURERS MANAGEMENT

No. 84 Civ. 8900 (DNE).

614 F.Supp. 536 (1985)

John PICA, M.D., Plaintiff, v. PROFESSIONAL RISK INSURERS MANAGEMENT EXCLUSIVE, LTD., Defendant.

United States District Court, S.D. New York.

August 7, 1985.

Attorney(s) appearing for the Case

Dweck and Sladkus, New York City (Michael S. Aranoff & Jack S. Dweck, New York City, of counsel), for plaintiff.

Spitz, Spitz & Fedorchak, Poughkeepsie, N.Y., (Andrew L. Spitz, Poughkeepsie, N.Y., of counsel), for defendant.

OPINION AND ORDER

EDELSTEIN, District Judge:

Plaintiff, John Pica, M.D. ("Pica"), seeks to recover premiums paid to defendant Professional Risk Insurers Management Exclusive, Ltd. ("PRIME") as part of a medical malpractice insurance policy that plaintiff contends he cancelled. The resolution of this case rests on whether surrender of the policy was required to effect the cancellation. Plaintiff has moved for summary judgment. The motion is hereby denied...

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