Opinion
Nos. 81-2568, 81-2633 and 81-2634.
January 4, 1983. Rehearing Denied February 14, 1983.
Appeal from the Circuit Court, Monroe County, Harold R. Vann, J.
Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy Graham, and Richard A. Sherman, Miami, for appellant.
Montgomery, Lytal, Reiter, Denney Searcy, Edna L. Caruso, and Charles Powers, West Palm Beach, for appellees.
Culpepper, Beatty Turner and Douglas L. Mannheimer, Tallahassee for Florida Medical Malpractice Joint Underwriting Ass'n as amicus curiae.
Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.
A policy of insurance naming the Key West Medical Association, Inc. (d/b/a DePoo Hospital) as the insured, and providing for the Association and its board coverage against damage or loss which results from the rendering of "professional services . . . while acting within the scope of [their] duties . . .", did not provide coverage where two members of the hospital's board of directors conspired "illegally, fraudulently and ultra vires" to injure the medical practice of plaintiff physicians. (emphasis supplied). See Buckner v. Physicians Protective Trust Fund, 376 So.2d 461 (Fla. 3d DCA 1979).
Reversed and remanded with instructions to enter judgment for appellant.