
    PHYSICIANS PROTECTIVE TRUST FUND, Appellant, v. John P. KATONA, M.D., as Personal Representative of the Estate of Maya Katona, M.D., the Estate of Maya Katona, M.D., Eleanor F. Adams and John J. Adams, her husband, Appellees.
    No. 88-0941.
    District Court of Appeal of Florida, Fourth District.
    July 7, 1989.
    James C. Blecke and Rice & Reiser, P.A., Miami, for appellant.
    Mark B. Kleinfeld of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, for appellees.
   PER CURIAM.

AFFIRMED.

LETTS and STONE, JJ., concur.

ANSTEAD, J., dissents with opinion.

ANSTEAD, Judge,

dissenting.

I believe there is at least an issue of fact as to whether the appellee Katona accepted counsel provided by appellant for defense of the underlying malpractice action. Cf. Allstate Ins. Co. v. M.H., 681 F.Supp. 811 (S.D. Fla.1988). Hence, it was error for the trial court to resolve this issue by summary judgment.  