FLA. PHYSICIANS INS. RECIPROCAL v. BALITON

No. 83-1011.

436 So.2d 1110 (1983)

FLORIDA PHYSICIANS INSURANCE RECIPROCAL, Petitioner, v. Romeo C. BALITON, M.D., et al., Respondents.

District Court of Appeal of Florida, Fourth District.

September 7, 1983.


Attorney(s) appearing for the Case

Robert M. Klein of Stephens, Lynn, Chernay & Klein, P.A., Miami, for petitioner.

Mary Friedman of Colson, Hicks & Eidson, P.A., Miami, for respondent, Baliton.


BERANEK, Judge.

This is a petition for common law certiorari. We grant the petition, quash the order, and remand for further proceedings. Petitioner was the defendant in an excess suit brought by plaintiff/respondent. The suit alleged respondent to be an insured under a policy issued by petitioner. Respondent was sued for medical malpractice, and a judgment substantially in excess of the policy limits resulted. In the subsequent excess suit with which this proceeding...

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