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CADUCEUS SELF INS. FUND v. SOUTH FLORIDA EMERGENCY PHYSICIANS

No. 82-2263.

436 So.2d 1034 (1983)

CADUCEUS SELF INSURANCE FUND, INC., Appellant, v. SOUTH FLORIDA EMERGENCY PHYSICIANS and Ralph Madio and Madio & Company, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 21, 1983.

Attorney(s) appearing for the Case

Blackwell, Walker, Gray, Flick & Hoehl and James C. Blecke, Miami, for appellant.

Horton, Perse & Ginsberg and Edward Perse, Brumer, Cohen, Logan & Kandell, Miami, for appellees.

Before SCHWARTZ, C.J., and NESBITT and BASKIN, JJ.

SCHWARTZ, Chief Judge.

Caduceus Self Insurance Fund, Inc. appeals from what we view as a final declaratory judgment holding, inter alia, that it was required to provide a defense to South Florida Emergency Physicians, P.A. under the allegations of an amended malpractice complaint brought against South Florida and several other defendants below.1 We reverse.

It is established that an insurer's duty to defend is determined by whether...

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