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Trial court's grant of summary judgment in favor of the defendant-insurance company is reversed and remanded where: 1) any claims presented by the plaintiff-corporation that employed the nurse were covered claims despite the fact that the corporation changed its name to a name not listed in the insurance policy; and 2) the phrase, "original claimant under the insurance policy in his or her name" includes the affiliated corporation into which the employer corporation was merged because the merger was an internal restructuring of a family of corporations, and did not expand or otherwise change the ownership or control of the operations, and because the surviving corporation continued the employer corporations' corporate activities as well as its hospital operations.
Filed October 5, 2009
Opinion by Judge Ardaiz
For Appellant: Hayes Davis Bonino Ellingson McLay & Scott, Mark G. Bonino and Phuong N. Fingerman