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Unformatted text preview: Banyei Isoh William H. Proctor 10/31/2009 Zukaitis V. Aetna Casualty and Surety Company Supreme Court of Nebraska, 1975 195 Neb. 59, 236 N.W.2d 819 Facts: A physician by the name of Raymond Zukaitis was issued an insurance policy by Aetna through and agent called the Ed Larsen Insurance Agency. The policy that he took out covered the period from August 31, 1969 to the following August. In August 1971 Dr. Zukaitis received a written notification of a claim of malpractice that occurred on September 27, 1969. Dr. Zukaitis notified the Ed Larsen Insurance Agency who then proceeded to forward the claim to their new partner, St. Paul Fire and Marine Insurance Company. St. Paul Fire and Marine Insurance Company recognized the mistake and said they did not carry Zukaitis on the date that this incident occurred. Aetna did not want to cover his fees either because they said he did not report the incident in time. Dr. Zukaitis brought and action against Aetna to recover the expenses and fees he accumulated in his defense. A trial court ruled in favor of Aetna, therefore Dr. the expenses and fees he accumulated in his defense....
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