NATIONAL FIRE INS. v. BARTOLAZO

Nos. 93-2448, 93-2879.

27 F.3d 518 (1994)

NATIONAL FIRE INS., National Fire Insurance Company, Plaintiff-Counter-Defendant-Appellant, v. Napoleon A. BARTOLAZO, M.D., Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 1, 1994.


Attorney(s) appearing for the Case

Chris Ballentine, Orlando, FL. Jennifer A. Grandoff,

Robert J. Levine, Miami, FL.

Before TJOFLAT, Chief Judge, DUBINA, Circuit Judge, and RONEY, Senior Circuit Judge.


RONEY, Senior Circuit Judge:

In this declaratory judgment action, the issue is whether the defendant, a physician charged by a patient with medical malpractice, reported the claim within the time frame required for coverage under his medical malpractice insurance policy. The insurance company appeals the district court's grant of summary judgment in favor of the physician. Because of a procedural flaw in the granting of summary judgment, Rule 56(c), Federal Rules...

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