Berry & Murphy, P.C. v. Carolina Cas. Ins. Co., No. 09-1004 - U.S. Tenth Circuit
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Berry & Murphy, P.C. v. Carolina Cas. Ins. Co., No. 09-1004

In an action for insurance coverage for a malpractice lawsuit, summary judgment for defendant is affirmed where: 1) the alleged acts of malpractice in a letter sent to the malpractice defendant and the lawsuit were "connected by an inevitable or predictable interrelation or sequence of events" for purposes of the policy; 2) the insurance policy treated as one claim all "related wrongful acts"; and 3) because defendant had no legally cognizable duty to defend or indemnify a claim, plaintiffs' bad faith claim could not survive.

Read Berry & Murphy, P.C. v. Carolina Cas. Ins. Co., No. 09-1004

Appellate Information

Filed November 12, 2009

Judges

Opinion by Judge Briscoe

Counsel

For Appellants:

Steven J. Dawes and Sophia H. Tsai, Light, Harrington & Dawes, P.C.

For Appellee:

Jeffrey A. Goldwater and Perry M. Shorris, Bollinger, Ruberry & Garvey, Chicago, IL