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MEDICAL PROTECTIVE CO. OF FT. WAYNE, IND. v. JUA

C.A. Nos. 3:08-2184-CMC, 3:08-2222-CMC.

648 F.Supp.2d 753 (2009)

The MEDICAL PROTECTIVE COMPANY OF FORT WAYNE, INDIANA, Plaintiff, v. SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY INSURANCE JOINT UNDERWRITING ASSOCIATION, Defendant. South Carolina Medical Malpractice Liability Insurance Joint Underwriting Association, Plaintiff, v. The Medical Protective Company of Fort Wayne, Indiana, Defendant.

United States District Court, D. South Carolina, Columbia Division.

August 17, 2009.

Attorney(s) appearing for the Case

Alfred Johnston Cox, John T. Lay, Shaun Christian Blake, Ellis Lawhorne and Sims, Columbia, SC, for Plaintiff.

Andrew F. Lindemann, Davidson Morrison and Lindemann, Columbia, SC, for Defendant.

OPINION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

CAMERON McGOWAN CURRIE, District Judge.

Through these consolidated actions, two providers of medical malpractice insurance seek a declaration as to their respective obligations for the alleged malpractice of their mutual insureds, John H. Hibbitts, M.D. ("Dr. Hibbitts") and Palmetto Bone and Joint, P.A. ("PBJ"). The underlying malpractice action related to a course of treatment provided to Sara A. Shealy...

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