Physicians Protective Trust Fund v. Katona

I believe there is at least an issue of fact as to whether the appellee Katona accepted counsel provided by appellant for defense of the underlying malpractice action. Cf. Allstate Ins. Co. v. M.H., 681 F.Supp. 811 (S.D. Fla.1988). Hence, it was error for the trial court to resolve this issue by summary judgment.