Insurance Company of North America v. The Medical Protective Company
Court of Appeals for the Tenth Circuit
1Opinion of the Court
TIMBERS, Circuit Judge.
Medical Protective Company (Medical Protective) appeals from a judgment entered August 5, 1983 in the District of Kansas, Dale E. Saffels, District Judge, in favor of Insurance Company of North America (INA), holding that Medical Protective, as the primary insurer of one Dr. Peter Torbey, had acted negligently and in bad faith in failing to settle within its policy limits a medical malpractice claim which had been asserted against Dr. Torbey. As a result, the court awarded INA, the excess insurer of Dr. Torbey, $323,121.90, the sum it was required to pay in order to…
2Cases cited9 opinions
- Continental Casualty Co. v. Zurich InsuranceCalifornia Supreme Court · 1961
- Brown v. Guarantee InsuranceCalifornia Court of Appeal · 1957
- Signal Companies, Inc. v. Harbor Ins. Co.California Supreme Court · 1980
- Cunha v. Superior CourtCalifornia Supreme Court · 1970
- Bollinger v. NussSupreme Court of Kansas · 1969
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3Cited by30 opinions
- Elmer M. Kunkel, William H. Dennler, John D. Lockton, Ted B. Westfall and William D. Robertson v. Continental Casualty CompanyCourt of Appeals for the Tenth Circuit · 1989
- American Centennial Insurance Co. v. Canal Insurance Co.Texas Supreme Court · 1992
- Layne Christensen Co. v. Zurich CanadaCourt of Appeals of Kansas · 2002
- United States Fidelity & Guaranty Co. v. Federated Rural Electric Insurance Corp.Supreme Court of Oklahoma · 2001
- Robert Ross Hocker and Waylon Cummins v. New Hampshire Insurance Company, a New Hampshire Corporation, Defendant/cross-Claim v. First State Insurance Company, a Massachusetts Corporation, Defendant/cross-Claim American International Adjustment Company, a Delaware CorporationCourt of Appeals for the First Circuit · 1991
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