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ST. PAUL FIRE & MARINE INS. CO. v. TINNEY

No. 89-7859.

920 F.2d 861 (1991)

ST. PAUL FIRE & MARINE, INSURANCE COMPANY, Plaintiff-Appellee, v. John A. TINNEY, Lois McLeod, Mrs. Vicki L. Torsch, as Executrix of the Estate of Theodore A. Torsch, deceased, Mrs. Claude Willis, as Administratrix of the Estate of Claude Willis, deceased, Defendants-Appellants, Dr. Theodore Torsch, Claude Willis, William Green, Fannie Green, Defendants.

United States Court of Appeals, Eleventh Circuit.

January 10, 1991.

Attorney(s) appearing for the Case

John A. Tinney, P.C., Roanoke, Ala., for defendants-appellants.

Harry Cole, Hill, Hill, Carter, Franco, Cole & Black, Montgomery, Ala., for Vicki L. Torsch as Executrix.

B. Boozer Downs, Birmingham, Ala., for plaintiff-appellee.

Before JOHNSON and HATCHETT, Circuit Judges, and DYER, Senior Circuit Judge.

DYER, Senior Circuit Judge:

St. Paul Fire and Marine Insurance Company brought suit against Dr. Theodore Torsch and his patients Claude Willis, Lois McLeod, and William Green, seeking a declaratory judgment that there was no coverage under its claims made policy because there was no proper notice of claims made by Torsch of the patients' claims against him.1 Torsch counterclaimed, asserting that St. Paul was guilty of bad faith in refusing...

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