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ST. PAUL FIRE & MARINE INS. v. MEDICAL PROTECTIVE

Civ. A. No. 78-1316.

504 F.Supp. 877 (1980)

ST. PAUL FIRE & MARINE INSURANCE COMPANY, a corporation, Plaintiff, v. The MEDICAL PROTECTIVE COMPANY, a corporation, Defendant.

United States District Court, D. Kansas.

November 21, 1980.

Attorney(s) appearing for the Case

H. W. Fanning, of Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, Kan., for plaintiff.

William Tinker, of McDonald, Tinker, Skaer, Quinn & Herrington, Wichita, Kan., for defendant.

MEMORANDUM AND ORDER

KELLY, District Judge.

This matter comes on for decision now on the parties' respective motions for summary judgment. This action is between a primary liability insurance carrier and an excess liability insurance carrier disputing the division of their respective financial responsibilities for a sizable malpractice judgment against their insureds. The issue before the Court is whether the...

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