Legal Opinion

Medical Protective Co. v. South Carolina Medical Malpractice Liability Insurance Joint Underwriting Ass'n

District Court, D. South Carolina

Decided August 17, 2009No. C.A. 3:08-2184-CMC, 3:08-2222-CMCPublished

1Opinion of the Court

OPINION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

CAMERON McGOWAN CURRIE, District Judge.

Through these consolidated actions, two providers of medical malpractice insurance seek a declaration as to their respective obligations for the alleged malpractice of their mutual insureds, John H. Hibbitts, M.D. (“Dr. Hibbitts”) and Palmetto Bone and Joint, P.A. (“PBJ”). The underlying malpractice action related to a course of treatment provided to Sara A. Shealy (“Shealy”) from December 19, 2002, through March 10, 2004.

The two insurers, South Carolina Medical Malpractice Liability Joint…

2Cases cited18 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  3. Marshall v. Kansas Medical Mutual Insurance Co.Supreme Court of Kansas · 2003
  4. Truck Insurance Exchange v. Ashland Oil, IncorporatedCourt of Appeals for the Seventh Circuit · 1992
  5. Atchison, Topeka & Santa Fe Railway Co. v. Stonewall InsuranceSupreme Court of Kansas · 2003

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