Brion v. Vigilant Insurance Co.

CRANDALL, Presiding Judge.

Dr. Pacelli Brion, M.D., appeals from the trial court’s order sustaining respondent Vigilant Insurance Company’s motion to dismiss appellant's petition for failure to state a claim. Dr. Brion appeals only from the dismissal of Count II of his petition. We reverse and remand.

In Count II of his petition, appellant alleges that he is a psychiatrist who was joined by Deaconess Hospital in a third-party petition alleging professional negligence; that respondent assumed appellant’s defense pursuant to the terms of a contract of insurance issued to appellant by respondent;…