ZUKAITIS v. AETNA CAS. & SUR. CO.

No. 40077.

236 N.W.2d 819 (1975)

195 Neb. 59

Raymond R. ZUKAITIS, Appellant, v. The AETNA CASUALTY AND SURETY COMPANY, a corporation, Appellee.

Supreme Court of Nebraska.

December 24, 1975.


Attorney(s) appearing for the Case

John A. Rickerson, Neal E. Stenberg, Omaha, for appellant.

Gross, Welch, Vinardi, Kauffman & Day, Harry L. Welch, Harold W. Kauffman, Omaha, for appellee.

Heard before SPENCER, McCOWN, and NEWTON, JJ., and WEAVER and BLUE, District Judges.


BLUE, District Judge.

This is an action for a declaratory judgment brought to determine whether defendant-appellee, the Aetna Casualty and Surety Company, was obligated under its professional liability insurance policy to defend plaintiff-appellant, Raymond R. Zukaitis, in a medical malpractice suit.

The case was tried to the court under a stipulation of facts which can be summarized as follows: Raymond R. Zukaitis...

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