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ARCHER v. MEDICAL PROTECTIVE CO.

No. 07-05-0258-CV.

197 S.W.3d 422 (2006)

Grace Emily ARCHER, M.D., Appellant, v. The MEDICAL PROTECTIVE COMPANY OF FORT WAYNE, INDIANA and Medical Insurance Services, Individually and d/b/a The Medical Protective Company of Fort Wayne, Indiana, Charles E. Moss and Peterson, Farris, Moss, Pruitt & Parker, P.C. f/k/a Peterson, Farris, Doores & Jones, P.C., Appellees.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled August 14, 2006.

Attorney(s) appearing for the Case

George Whittenburg, Whittenburg Whittenburg Schachter & Harris, P.C., Amarillo, for appellant.

James A. Besselman, Dan Schaap, Underwood Wilson Berry Stein & Johnson P.C., and Vance E. Ivy, Packard, Hood, Bednarz Johnson & Ivy, L.L.P., Amarillo, for appellees.

Before QUINN, C.J., and REAVIS and HANCOCK, JJ.

Opinion

BRIAN QUINN, Chief Justice.

The appeal before us involves intriguing questions. That of primary importance concerns the effect, if any, of a judgment absolving an insured of liability for negligence upon the extra-contractual duties owed by the insurer to its insured. Here, Grace Emily Archer, M.D. stood as the insured. Medical Protective Company (MPC) was her insurer. Moreover, Archer was sued by one of her patients for medical malpractice...

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