MED. ASSUR. CO., INC. v. DILLAPLAIN

No. 2009 CA 6.

186 Ohio App.3d 635 (2010)

2010-Ohio-841

MEDICAL ASSURANCE COMPANY, INC., Appellant, v. DILLAPLAIN et al.,

Court of Appeals of Ohio, Second District, Greene County.

Decided March 5, 2010.


Attorney(s) appearing for the Case

Matthew P. Moriarty and Ed E. Duncan, for appellant.

Shawn M. Blatt and Susan Blasik-Miller, for Greene Memorial Hospital.

Nicholas E. Subashi and Andrew E. Rudloff, for appellees, Robert P. Dillaplain, M.D., and Robert P. Dillaplain, M.D., Inc.

Bruce J. Babij; John D. Holschuh Jr.; and Deborah R. Lydon and Peter J. Georgiton, for Jeffrey Coleman Jr., Cheryl Neer, and Jeffrey Coleman Sr.


FROELICH, Judge.

{¶ 1} Appellee Robert P. Dillaplain, M.D., was sued in 2005 for malpractice by Jeffrey T. Coleman Jr. and others, in the Greene County Common Pleas Court. Greene C.P. No. 2005 CV 381. The alleged malpractice arose, generally, from obstetrical care occurring in 1993 and 1994. Appellant, the Medical Assurance Company, Inc., proceeded to defend Dillaplain under a reservation of rights but in August 2007 filed a declaratory-judgment...

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