VIGILANT INS. CO. v. KAMBLY

Docket Nos. 52974, 53014.

114 Mich. App. 683 (1982)

319 N.W.2d 382

VIGILANT INSURANCE COMPANY v. KAMBLY

Michigan Court of Appeals.

Decided April 5, 1982.


Attorney(s) appearing for the Case

Plunkett, Cooney, Rutt, Watters, Stancyzk & Pedersen, P.C. (by D.J. Watters and Christine D. Oldani), for plaintiff.

Crippen, Urquhart, Cmejrek & Weber, for defendant Kambly.

Marjory B. Cohen, for defendant Cotton.

Before: D.C. RILEY, P.J., and CYNAR and H.R. GAGE, JJ.


H.R. GAGE, J.

Plaintiff filed an action for declaratory relief seeking to be absolved from liability under the professional liability insurance policy it issued to defendant, Arnold Kambly, M.D. The provisions of the policy which are in issue read as follows:

"The company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of * * * Injury arising out of the rendering of or failure to render...

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