United States Sixth Circuit

In a declaratory judgment action arising from a coverage dispute, an order granting plaintiff-insurer's motion for declaratory judgment is affirmed over claims that the district court: 1) abused its discretion in exercising jurisdiction over the case pursuant to the Declaratory Judgment Act; and 2) erred in its determination that a therapist at a particular facility was not covered by the facility's liability insurance policy with the insurer for tort damages arising from the therapist's sexual affair with defendant-patient.

Appellate Information

• Decided 01/16/2008
• Published 01/16/2008

Judges

• Before: KEITH and CLAY, Circuit Judges;  STEEH, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Martha M. Eastman, Eastman Law Office, Louisville, Kentucky, for Appellant.  John W. Walters, Golden & Walters, Lexington, Kentucky, for Appellee.   ON BRIEF:  Michael R. Hance, Franklin & Hance, Louisville, Kentucky, for Appellant.  John W. Walters, Drew Byron Meadows, Golden & Walters, Lexington, Kentucky, for Appellee.