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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.
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