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MAZER v. SECURITY INSURANCE GROUP

No. 74-1070.

507 F.2d 1338 (1975)

Milton MAZER, Administrator of the Estate of Israel Abrams, assignee of Hattie Lipshutz, Executrix of the Estate of Benjamin Lipshutz, Deceased, Appellant, v. SECURITY INSURANCE GROUP and the Medical Protective Company of Fort Wayne, Indiana, Appellees.

United States Court of Appeals, Third Circuit.

Submitted January 8, 1975.

Decided January 23, 1975.

Attorney(s) appearing for the Case

Marshall A. Bernstein, Robert M. Bernstein, Bernstein, Bernstein & Harrison, Philadelphia, Pa., for appellant.

James J. McCabe, Henry T. Reath, Jane D. Elliott, Duane, Morris & Heckscher, Philadelphia, Pa., for appellee Security Ins. Group.

Barry F. Greenberg, Perry S. Bechtle, Cohen, Shapiro, Polisher, Shiekman & Cohen, Philadelphia, Pa., for appellee, The Medical Protective Co.

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

Submitted en banc January 8, 1975.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

The plaintiff Mazer, Administrator of the Estate of Israel Abrams, in this diversity contract action, is the assignee of Hattie Lipshutz, Executrix of the Estate of Benjamin Lipshutz, who was the insured on two policies of liability insurance issued by the defendants Security Insurance Group and The Medical Protective Company of Fort Wayne, Indiana (hereinafter collectively...

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