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MEDICAL MUTUAL LIABILITY INS. SOCIETY OF MD. v. AZZATO

No. 547, September Term, 1992.

94 Md. App. 632 (1993)

618 A.2d 274

MEDICAL MUTUAL LIABILITY INSURANCE SOCIETY OF MARYLAND v. NICHOLAS M. AZZATO, ET AL.

Court of Special Appeals of Maryland.

January 13, 1993.

Attorney(s) appearing for the Case

E. Dale Adkins, III (Gregory L. VanGeison and Anderson, Coe & King, on the brief), Baltimore, for appellant.

Henry E. Weil (Belli, Weil & Grozbean, on the brief), Rockville, for appellees.

Argued before CATHELL, MOTZ and HARRELL, JJ.

MOTZ, Judge.

The question presented in this case is whether a physician's medical malpractice insurer must provide coverage for injuries arising from the physician's distribution of cocaine and other controlled drugs to a patient when a Health Claims Arbitration panel has concluded that this distribution constituted malpractice. Because the medical malpractice policy provides an exclusion for injuries arising out of a criminal act, which this distribution of illegal...

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