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~ . IN TH~ CIRCUTT COURT OF THS 19TH
~p,~ JUD~CIAT., CIRCiJIT IN AND FUR ST.
~V~i~~. LUCIS COUNl'Y, FLORIDA
CASE NO. 74-406-CA . i
JO~iN B. SULLI VAN, M. D., ) ~
Plaintiff, ) .
vs. )
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TFiE EMPLOYERS' FIRE INSURANCE ) ;
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CO. ,
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Defendant.
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- DECLARATORY JUDGMENT
The Plaintiff, JOAN B. SULLIVAN, M.D., seeks Declaratory
Judgment against th e Defendant, THE EMPLOYERS" FIRE INSURANCE
CpHIPANY, to determine the respective rights and liabilities of the
parties un~er 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 facLS in
this case are as follows: The Employers' Fire Insurance Company
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~ ariginally issued a Professional Liability Policy for Florida _
Physicians and Surgeons to John B. Sullivan, M,D., being policy
No. F 86-2684-74. The term of the original policy was from January 1,
1969,to January 1, 1970. This policy was subsequently extended to •
cover the period to and includ ing January 1, 1972. On December 22,
1971, the Plaintiff received a letter fxom an Agent of the D~fendant,
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advising him that the ins~rance policy then in existence would not be
renewed on its expiration date of January 1, ~972. On December 30, _
1g71, the Plaintiff, through his attorney, requested that the ~xisting
malpractice coverage be extended. On ~anuary 19, 197?., the Plaintiff
was advised by letter from the Defendant's Agent that his professianal
liability coverage would be extended through January 31, 1972. On
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