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UNITED STATES Fidelity AND GUARANTY CO. v. BUCKNER

Nos. 81-2568, 81-2633 and 81-2634.

425 So.2d 1160 (1983)

UNITED STATES Fidelity AND GUARANTY CO., a Foreign Corporation, Appellant, v. John W. BUCKNER, M.D., Stanley Coira, M.D., Miguel Eisen, M.D., and Karl M. Davidson, M.D., DePoo Hospital, Inc., a Florida Corporation, Olga DePoo, a Personal Representative of the Estate of Julio J. DePoo, M.D., Deceased and Key West Medical Association, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 14, 1983.

Attorney(s) appearing for the Case

Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy & Graham, and Richard A. Sherman, Miami, for appellant.

Montgomery, Lytal, Reiter, Denney & Searcy, Edna L. Caruso, and Charles Powers, West Palm Beach, for appellees.

Culpepper, Beatty & Turner and Douglas L. Mannheimer, Tallahassee for Florida Medical Malpractice Joint Underwriting Ass'n as amicus curiae.

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

PER CURIAM.

A policy of insurance naming the Key West Medical Association, Inc. (d/b/a DePoo Hospital) as the insured, and providing for the Association and its board coverage against damage or loss which results from the rendering of "professional services ... while acting within the scope of [their] duties ...", did not provide coverage where two members of the hospital's board of directors conspired "illegally, fraudulently and ultra vires" to injure the...

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