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ST. PAUL FIRE &c. INS. CO. v. MITCHELL

64403, 64404.

164 Ga. App. 215 (1982)

296 S.E.2d 126

ST. PAUL FIRE & MARINE INSURANCE COMPANY v. MITCHELL et al.; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied November 1, 1982.

Attorney(s) appearing for the Case

George W. Hart, Philip C. Henry, for appellant.

Lawrence B. Custer, Jerry J. Hynes, Hirsch Friedman, for appellees.

SOGNIER, Judge.

St. Paul Fire and Marine Insurance Company (St. Paul), Dr. Ronald Kleber's malpractice insurance carrier, filed the instant declaratory judgment action after Mary Sue Mitchell and her husband filed suits against Dr. Kleber, for medical malpractice. After answers were filed, St. Paul moved for partial summary judgment on the ground that the Mitchells' suit was a tort action not covered under Dr. Kleber...

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