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KATZ v. OHIO INS. GUAR. ASSN.

No. 2003-0028.

103 Ohio St.3d 4 (2004)

2004-Ohio-4109

KATZ ET AL., APPELLEES, v. OHIO INSURANCE GUARANTY ASSOCIATION, APPELLANT.

Supreme Court of Ohio.

Decided August 18, 2004.

Attorney(s) appearing for the Case

Spengler Nathanson P.L.L., James R. Jeffery and Teresa L. Grigsby, Toledo, for appellee Gordon L. Katz, D.O.

Vorys, Sater, Seymour & Pease, L.L.P., F. James Foley and Michael Thomas, Columbus, for appellant.

J. Tracy Sniderhan, Toledo, for appellee Susan Robinson.

Dykema Gossett, P.L.L.C., William M. Thacker, Ann Arbor, MI, and Suzanne Sahakian, Detroit, MI, urging reversal for amicus curiae National Conference of Insurance Guaranty Funds.

Berns, Ockner & Greenberger L.L.C., Sheldon Berns and Paul M. Greenberger, Beachwood, urging affirmance for amicus curiae William Witt, M.D.

MOYER, C.J.

{¶ 1} Dr. Gordon Katz, appellee, is a licensed doctor of osteopathy. He was insured under medical professional liability policies issued by P.I.E. Mutual Insurance Company ("P.I.E.") for the period July 1, 1993, through July 1, 1995. The primary policy provided liability coverage of up to $200,000 per claim with a $600,000 aggregate limit. P.I.E. had also issued an excess insurance policy...

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