Kubit v. MAG Mutual Insurance

GEER, Judge.

Plaintiffs Victor Kubit, Sanjay B. Shah, and Larry Dale Withers (collectively “the individual plaintiffs”), along with Cumberland Anesthesia Associates, PA, appeal from the trial court’s orders denying their motions for summary judgment and granting summary judgment in favor of the defendant insurance carriers. Plaintiffs contend that the trial court erred in concluding that the defendant insurers had no duty to defend plaintiffs in a tort action brought by Wayne Welsher, M.D. We affirm the trial court’s orders in part and reverse in part.

Applying the comparison test set out in…