Commercial Union Insurance v. Medical Protective Co.

Summary judgment was granted by the trial court in favor of defendant The Medical Protective Company, apparently pursuant to GCR 1963, 117.2(1). Plaintiff, Commercial Union Insurance Company, appeals as of right.

This matter originated with a 1974 medical malpractice action against Dr. Merle Berman. Defendant was Dr. Berman’s primary professional liability insurer with a policy limit of $200,000. Plaintiff was Dr. Berman’s excess professional liability insurer. The defense in the malpractice action was managed by defendant. A default judgment was ultimately granted against Dr. Berman in the…