Legal Opinion
North American Specialty Insurance v. Correctional Medical Services, Inc.
Court of Appeals for the Tenth Circuit
Decided May 28, 2008No. 05-8038, 05-8082PublishedCited by 6 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
The Estate of Orlando Patrick Roan Eagle (“Roan Eagle”) sued Correctional Medical Services, Inc., Bruce Kahn, J.D., M.D. and Stephen Goldman (collectively “CMS”) for alleged medical malpractice. National American Specialty Insurance Company (“NAS”), CMS’s insurer, declined to defend or indemnify CMS, but nonetheless agreed to settle the matter on CMS’s behalf. NAS then filed this action seeking a declaratory judgment that it had no duty to defend or indemnify CMS, and to re coup the settlement proceeds. CMS filed a counterclaim for, among other things, breach of contract.
2Cases cited16 opinions
- Bowles v. RussellSupreme Court of the United States · 2007
- Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
- Simms v. Oklahoma Ex Rel. Department of Mental Health & Substance Abuse ServicesCourt of Appeals for the Tenth Circuit · 1999
- Hinton v. City Of ElwoodCourt of Appeals for the Tenth Circuit · 1993
- Robert Lewis v. B.F. Goodrich Company Daniel Newsome Roy AilstockCourt of Appeals for the Tenth Circuit · 1988
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McKissick v. YuenCourt of Appeals for the Tenth Circuit · 2010
- JR SIMPLOT v. Chevron Pipeline Co.Court of Appeals for the Tenth Circuit · 2009
- Cox Communications, Inc. v. National Union Fire InsuranceDistrict Court, N.D. Georgia · 2010
- Mid-Continent Casualty v. Greater Midwest BuildersCourt of Appeals for the Tenth Circuit · 2019
- Stresscon Corp. v. Travelers Property Casualty Co. of AmericaColorado Court of Appeals · 2013
1 more not listed; retrieve them via the Exa API.