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MIDWEST MEDICAL INS. CO. v. DOE

Civil No. 980231.

589 N.W.2d 581 (1999)

1999 ND 17

MIDWEST MEDICAL INSURANCE COMPANY, Plaintiff and Appellant, v. Jane DOE and Dr. John Roe, Defendants and Appellees, State Farm Fire & Casualty Company, Intervenor and Appellee.

Supreme Court of North Dakota.

February 8, 1999.

Attorney(s) appearing for the Case

Richard J. Thomas, of Burke & Thomas, St. Paul, for plaintiff and appellant Midwest Medical Insurance Company.

J. P. Dosland, of Dosland, Nordhougen, Lillehaug and Johnson, Moorhead, for defendant and appellee Jane Doe.

Jon J. Jensen, of Pearson, Christensen, Clapp, Fiedler, Fischer & Jensen, Grand Forks, for defendant and appellee Dr. John Roe.

VANDE WALLE, C.J.

[¶ 1] Midwest Medical Insurance Company (Midwest) appealed from a summary judgment declaring Midwest has a duty to indemnify Dr. John Roe (a pseudonym) for damages he may become legally obligated to pay to Ms. Jane Doe (a pseudonym) for medical malpractice involving the negligent mishandling of patient transference. We hold it was improper, under the circumstances of this case, for the trial court...

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