Zukaitis v. Aetna Casualty & Surety Co.

Blue, District Judge.

This is an action for a declaratory judgment brought to determine whether defendant-appellee, the Aetna Casualty and Surety Company, was obligated under its professional liability insurance policy to defend plaintiff-appellant, Raymond R. Zukaitis, in a medical malpractice suit.

The case was tried to the court under a stipulation of facts which can be summarized as follows: Raymond R. Zukaitis was a physician practicing medicine in Douglas County, Nebraska. Aetna issued Dr. Zukaitis a policy of professional liability insurance through its agent, the Ed Larsen Insurance…