Broadbent v. United States Fidelity & Guaranty Co.

ELLETT, Justice.

The plaintiff appeals from an adverse summary judgment. As a physician and surgeon he had a policy of insurance with the defendant wherein defendant promised to pay up to $50,000 on each liability claim for which plaintiff might be liable arising out of malpractice, error or mistake in rendering or failing to render professional services.

The policy was issued on or about May 4, 1954, and was effective for two years thereafter. It contained the following material provisions:(2) Upon the Insured becoming aware of any alleged injury covered hereby, written notice shall be given…