Zurich
Zurich Specialties London Ltd. v. Bickerstaff, Whatley, Ryan & Burkhalter, Inc.
Opinion
Opinion
Otero, J.
ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
[Docket No. 28]
This matter is before the Court on Plaintiff Zurich Specialties London Limited’s (“Plaintiff’) Motion for Partial Summary Judgment, filed July 23, 2009. Defendant Bickerstaff, Whatley, Ryan & Burkhalter, Inc. (“Bickerstaff’) filed an Opposition, to which Plaintiff replied. The Court found this matter suitable for disposition without oral argument and vacated the hearing set for August 17, 2009. See Fed.R.Civ.P. 78(b). For the following reasons, Plaintiffs Motion is GRANTED.
I. BACKGROUND
Caduceus Self Insurance Fund, Inc. (“Caduceus”) was a Florida not-for-profit corporation which formed and operated a medical malpractice self insurance fund to pool the medical malpractice liabilities of its members. (Uncontroverted Fact (“UF”) No. I. ) Caduceus employed Spear, Safer, Harmon & Co., P.A. (collectively, “Spear Safer”) as its accountant to audit its financial statements from 1994 through 1998. (UF No. 2.) Caduceus also retained Biekerstaff, an actuarial services firm, to perform rate level studies beginning in 1993, and to provide year end reserve analyses, beginning with a report on the 1994 calendar…