Aetna Casualty & Surety Co. v. Medical Protective Co.

MEMORANDUM OPINION AND ORDER

WILLIAM T. HART, District Judge.

This action is brought by Aetna Casualty & Surety Company of Illinois (“Aetna”), an “excess” liability insurer, against The Medical Protective Company of Fort Wayne, Indiana (“Medpro”) the primary liability insurer of a physician specializing in pediatrics. The matter is currently before the Court upon cross motions for summary judgment. Because of the superlative efforts of both parties to narrow the issues presented, the Court has been provided with a comprehensive stipulation of the underlying facts. Those stipulations render this…