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MEDICAL PROTECTIVE CO. v. SCHREIN

No. S-95-687.

582 N.W.2d 286 (1998)

255 Neb. 24

The MEDICAL PROTECTIVE COMPANY, Appellee, v. Daniel D. SCHREIN, Appellee, and Rochelle B. et al., Appellants.

Supreme Court of Nebraska.

July 17, 1998.

Attorney(s) appearing for the Case

James E. Harris and Timothy K. Kelso, of Harris, Feldman, Stumpf Law Offices, Omaha, for appellants.

Mark A. Christensen and Gregory S. Heier, of Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for appellee Medical Protective Co.

WHITE, C.J., CAPORALE, CONNOLLY, and GERRARD, JJ., and BOSLAUGH and GRANT, JJ., Retired.

PER CURIAM.

The Medical Protective Company (Medical Protective) brought this declaratory judgment action against former medical doctor Daniel D. Schrein (Schrein) and five of his former patients (the claimants). Medical Protective sought a declaration that under the professional liability policies issued to Schrein, there was no duty to defend or to indemnify Schrein with respect to the claimants. Both Medical Protective and the claimants moved for summary judgment...

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