The opinion of the court was delivered by: DITTER
Plaintiff brought a malpractice action against a doctor who was insured by the defendants. A verdict greater than the policy limits having been recovered, the doctor assigned to plaintiff whatever claim he might have as a result of alleged negligence on the part of his insurers in failing to join a third-party defendant.
1. Plaintiff was a citizen of the Commonwealth of Massachusetts at the time suit was instituted.
2. Defendant, Security Insurance Group, [hereinafter "Security"] is a corporation organized and existing under the laws of the State of Connecticut with its principal place of business in that state.
3. Defendant, Medical Protective Company, [hereinafter "Medical"] is a corporation organized and existing under the laws of the State of Indiana with its principal place of business in that state.
4. In 1958, Israel Abrams, while under the care of Dr. Benjamin Lipshutz in the Albert Einstein Medical Center -- Southern Division, received a transfusion of incompatible blood resulting in his death.
5. Milton Mazer was appointed Administrator of the Estate of Israel Abrams, deceased.
6. The legal action of Mazer v. Lipshutz, Civil Action No. 25,749,
was a medical malpractice case arising out of this incident.
7. At the time of the operation on Israel Abrams, Dr. Lipshutz carried two insurance policies to protect him from loss for malpractice.
8. One policy was with the New Amsterdam Casualty Company (now Security Insurance Group) and the other with the Medical Protective Company of Fort Wayne, Indiana.
9. The policy with New Amsterdam (Security) insured Dr. Lipshutz for liability for malpractice with a limit of liability for each claim in the amount of $40,000., and imposed upon the company the duty to defend suits brought against Dr. Lipshutz.
10. The policy with Medical Protective insured Dr. Lipshutz for liability for malpractice with a limit of liability for each claim in the amount of $10,000. and imposed upon it the responsibility to defend suits against ...