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ROSS v. MED. LIAB. MUT. INS. CO.

150 A.D.2d 187 (1989)

Stanley Ross, Respondent, v. Medical Liability Mutual Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 9, 1989

This action for damages by plaintiff physician against defendant medical malpractice insurer is based on defendant's refusal to defend plaintiff against a medical malpractice action in which a default judgment was entered against him. Defendant justifies its refusal to defend on plaintiff's failure to notify it of the malpractice action until after the default judgment had been already entered, this in violation of a policy condition...

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