Care Risk Retention Group v. Martin

Fain, Judge.

{¶ 1} Intervening defendants-appellants, Iva Burnett, individually and as executor of the estate of Floyd Burnett, Rebecca Osborn, and Shawn Burnett, appeal from a summary judgment rendered in favor of plaintiff-appellee, CARE Risk Retention Group (“CARE Risk”) in a declaratory-judgment action. CARE Risk filed the action to obtain a declaration that its policy of medical-malpractice insurance covering defendant Derrick Martin, M.D., is void ab initio.1 The Burnetts had previously filed a medical-malpractice action against Dr. Martin, *800and intervened in the declaratory-judgment…