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COMMERCIAL UNION INS. CO. v. MEDICAL PROTECTIVE CO.

Docket No. 66538.

136 Mich. App. 412 (1984)

356 N.W.2d 648

COMMERCIAL UNION INSURANCE COMPANY v. THE MEDICAL PROTECTIVE COMPANY

Michigan Court of Appeals.

Decided August 6, 1984.

Attorney(s) appearing for the Case

MacArthur & Cheatham, P.C. (by Brian J. Doren), for plaintiff.

Moll, Desenberg, Bayer & Behrendt (by Jon P. Desenberg and John M. Toth), for defendant.

Before: BRONSON, P.J., and SHEPHERD and J.P. SWALLOW, JJ.

SHEPHERD, J.

Summary judgment was granted by the trial court in favor of defendant The Medical Protective Company, apparently pursuant to GCR 1963, 117.2(1). Plaintiff, Commercial Union Insurance Company, appeals as of right.

This matter originated with a 1974 medical malpractice action against Dr. Merle Berman. Defendant was Dr. Berman's primary professional liability insurer with a policy limit of $200,000...

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