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COMMERCIAL UNION INS. v. SHELBY MUT. INS.

Civ. A. No. 82-60212.

563 F.Supp. 803 (1983)

COMMERCIAL UNION INSURANCE COMPANY, a foreign corporation, Plaintiff, v. The SHELBY MUTUAL INSURANCE COMPANY, a foreign corporation, Defendant.

United States District Court, E.D. Michigan, S.D.

May 26, 1983.

Attorney(s) appearing for the Case

Brian J. Doren, MacArthur & Cheatham, Birmingham, Mich., for plaintiff.

Richard G. Ward, Sullivan, Ward & Bone, Detroit, Mich., for defendant.

ORDER

JOINER, District Judge.

This matter is before the court on cross motions for summary judgment. In assessing the case prior to trial the court concluded that the dispute involved legal, rather than factual, issues and asked the parties to each submit motions for summary judgment.

The dispute in this case is over the respective liabilities of a primary insurer and an excess insurer for the settlement of a medical malpractice action against the...

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