Surgery Ctr. At 900 N. Mich. Ave., LLC v. Am. Physicians Assurance Corp.

Flaum, Circuit Judge.

*780A jury found Surgery Center at 900 North Michigan Avenue, LLC ("Surgery Center") liable in a medical malpractice action for $ 5.17 million. Surgery Center's insurance coverage under its policy with insurer American Physicians Assurance Corporation, Inc. capped out at $ 1 million per claim, leaving it responsible for the excess judgment. Surgery Center sued for bad faith because its insurer failed to settle the claim for the policy limit. The district court denied summary judgment to the insurer but, after six days of a jury trial, granted the insurer judgment as a matter…