ROZENFELD v. MEDICAL PROTECTIVE CO.

Nos. 95-1535, 95-1610.

73 F.3d 154 (1996)

Irving H. ROZENFELD, Plaintiff-Appellee, Cross-Appellant, v. MEDICAL PROTECTIVE COMPANY, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 4, 1996.


Attorney(s) appearing for the Case

Christopher D. Oakes, Charles E. Dobrusin, Shefsky, Froelich & Devine, Chicago, IL, Clifford E. Yuknis (argued), Thomas J. Lipscomb, Lipscomb & Yuknis, Chicago, IL, for plaintiff-appellant.

D. Patterson Gloor, David C. Van Dyke, Cassiday, Schade & Gloor, Chicago, IL, Lynn D. Dowd (argued), Levin, McParland, Phillips, Leydig & Haberkorn, Chicago, IL, for defendant-appellee.

Before POSNER, Chief Judge, COFFEY, Circuit Judge, and SKINNER, District Judge.


POSNER, Chief Judge.

This is a diversity suit, governed by the law of Illinois, for the breach of a contract of liability insurance. The plaintiff is a physician, Dr. Rozenfeld, who in 1970 had prescribed the drug Mebaral, an anti-convulsive drug, for an epileptic woman named Karen Herman. He represcribed the drug for her in 1972. Two years later, in April of 1974, Mrs. Herman, who was now pregnant, called Dr. Rozenfeld (whom she had not seen in the interim) and told...

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