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RCA MUT. INS. CO. v. SANBORN

No. 19989.

918 S.W.2d 893 (1996)

RCA MUTUAL INSURANCE COMPANY, a Corporation, Plaintiff-Respondent, v. John SANBORN, Defendant-Appellant, and Gregory Henry, D.O., Defendant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or Transfer Denied March 7, 1996.

Application to Transfer Denied April 23, 1996.

Attorney(s) appearing for the Case

Glenn R. Gulick, Jr., Hershewe & Gulick, P.C., Joplin, for appellant.

Gregory W. Aleshire, Turner, Reid, Duncan, Loomer & Patton, P.C., Springfield, for respondent.

MONTGOMERY, Presiding Judge.

This appeal arises from a declaratory judgment action brought by RCA Mutual Insurance Company (RCA) against its insured, Dr. Gregory Henry (Dr. Henry), and John Sanborn (Sanborn), Dr. Henry's former patient.1 Earlier, Sanborn had filed a malpractice suit on February 13, 1992, against Dr. Henry alleging negligent treatment and surgery on his right hip (the underlying action).

While the underlying action...

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