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MEDICAL PROTECTIVE CO. OF FORT WAYNE v. DAVIS

581 S.W.2d 25 (1979)

The MEDICAL PROTECTIVE COMPANY OF FORT WAYNE, INDIANA, Appellant, v. Jacqueline Marie DAVIS, Guardian of the Estate of Clifton F. Davis, Jr., and Jacqueline Marie Davis, Appellees. Jacqueline Marie DAVIS, Guardian of the Estate of Clifton F. Davis, Jr., and Jacqueline Marie Davis, Cross-Appellants, v. The MEDICAL PROTECTIVE COMPANY OF FORT WAYNE, INDIANA, Cross-Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied June 5, 1979.

Attorney(s) appearing for the Case

John G. Crutchfield, Louisville, for appellant and cross-appellee.

Edward M. Post, Louisville, for appellees and cross-appellants.

Before HOWERTON, REYNOLDS and VANCE, JJ.

VANCE, Judge:

The question is the extent of the liability, if any, of an insurance company which has offered to defend a malpractice action under a reservation of rights when the insured refuses to accept the conditional defense and sustains a default judgment because of failure to answer an interrogatory.

The appellant, The Medical Protective Company of Fort Wayne, Indiana, issued its policy covering malpractice...

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