Legal Opinion

Medical Protective Co. v. Bubenik

Court of Appeals for the Eighth Circuit

Decided February 18, 2010No. 09-2324PublishedCited by 15 opinions

1Opinion of the Court

MURPHY, Circuit Judge.

Medical Protective Company (MPC) brought this declaratory judgment action against its insured, Dr. James Bubenik, and Joseph and Mary Johnston, who had obtained a state court judgment against the doctor for malpractice, contending that it had no duty to pay because Dr. Bubenik had materially breached the terms of his insurance policy. The district court 2 en tered a declaratory judgment in favor of MPC and the Johnstons appeal. We affirm.

Dr. Bubenik was a dentist specializing in conscious sedation dentistry and MPC provided his medical malpractice insurance. A patient…

2Cases cited19 opinions

  1. Seeck v. Geico General Insurance Co.Supreme Court of Missouri · 2007
  2. Eckert v. Titan Tire Corp.Court of Appeals for the Eighth Circuit · 2008
  3. Krombach v. Mayflower Ins. Co., Ltd.Supreme Court of Missouri · 1992
  4. Brown v. State Farm Mutual Automobile Insurance Co.Supreme Court of Missouri · 1989
  5. United States of America, Appellant/cross-Appellee v. Lauree Flaa Brekke James Stanley Brekke, Appellees/cross-AppellantsCourt of Appeals for the Eighth Circuit · 1996

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3Cited by15 opinions

  1. Anderson v. Hess Corp.Court of Appeals for the Eighth Circuit · 2011
  2. Jenkins v. Fitzgerald Marine & Repair, Inc.Court of Appeals for the Eighth Circuit · 2010
  3. Mary McClune v. Farmers Insurance CompanyCourt of Appeals for the Eighth Circuit · 2021
  4. Heubel Materials Handling Co. v. Universal Underwriters InsuranceCourt of Appeals for the Eighth Circuit · 2013
  5. MEDICAL ASSUR. CO., INC. v. MillerDistrict Court, N.D. Indiana · 2011

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