Sullivan v. Employers' Fire Insurance

JAMES E. ALDERMAN, Circuit Judge.

Declaratory judgment: The plaintiff, John B. Sullivan, M. D., seeks a declaratory judgment against the defendant, the Employers’ Fire Insurance Company, to determine the respective rights and liabilities of the parties under the terms of a professional liability insurance policy written by the defendant in favor of the plaintiff.

Both parties have filed motions for summary judgment and agree that there is no genuine issue of fact. The undisputed facts in this case are as follows — the Employers’ Fire Insurance Company originally issued a professional liability…