United States Tenth Circuit
Berry & Murphy, P.C. v. Carolina Cas. Ins. Co., 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.
Appellate Information
- Decided 11/12/2009
- Published 11/12/2009
Judges
- BRISCOE, Circuit Judge., Before HENRY, Chief Circuit Judge, BRISCOE, and LUCERO, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Steven J. Dawes (Sophia H. Tsai with him on the briefs), of Light, Harrington & Dawes, P.C., for Plaintiffs-Appellants.
- For Appellees:
- Jeffrey A. Goldwater of Lewis Brisbois Bisgaard & Smith, Chicago, Illinois, (Perry M. Shorris, Lewis Brisbois Bisgaard & Smith, Chicago, IL; Patrick Q. Hustead and Melissa W. Shisler, the Hustead Law Firm, Denver, CO, with him on the brief), for Defendant-Appellee.