McFARLING v. AZAR

No. 74-3375.

519 F.2d 1075 (1975)

Tom I. McFARLING, etc., et al., Plaintiffs-Appellants, v. Charles T. AZAR et al., Defendants, Employers' Fire Insurance Company, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 19, 1975.


Attorney(s) appearing for the Case

Eugene C. Heiman, Wm. A. Meadows, Jr., Judith H. Hayes, Miami, Fla., for plaintiffs-appellants.

Michael C. Spring, Steven R. Berger, Miami, Fla., for defendant-appellee.

Before GODBOLD, Circuit Judge, SKELTON, Associate Judge, and GEE, Circuit Judge.


GODBOLD, Circuit Judge:

This case poses in an unusual context a question of the scope of coverage of a doctor's professional liability insurance policy. The precise question is whether, in a suit by a life insurance company on whose behalf a doctor has examined an applicant for insurance, the policy covers acts of the doctor constituting fraud against the life insurance company.

An applicant for life insurance, an insurance agent, and a doctor employed by...

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