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ARGONAUT INS. COMPANIES v. MEDICAL LIABILITY MUT. INS.

No. 88 Civ. 2750 (CSH).

760 F.Supp. 1078 (1991)

ARGONAUT INSURANCE COMPANIES, Plaintiff, v. MEDICAL LIABILITY MUTUAL INSURANCE COMPANY and Wausau Insurance Companies, Defendants.

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

March 13, 1991.

Attorney(s) appearing for the Case

Mayer, Brown & Platt (Robert C. Bata and Mark C. Van Norman, of counsel), New York City, for plaintiff.

Law Office of Michael A. Ellenberg (Michael A. Ellenberg, of counsel), New York City, for defendants.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

In this diversity action presently pitting one medical malpractice insurer against another, the issue relates to the proper allocation of costs incurred in defending malpractice actions. Following extensive discovery, the parties cross-move for summary judgment under Rule 56, Fed.R.Civ.P.

BACKGROUND

Since the mid-1960's, physicians who are members of the Medical Society of the State of...

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