ROYAL INS. CO. OF AM. v. KIRKSVILLE COLL. OF OSTEOPATHIC MED., INC., 01-3645
Summary judgment in favor of insurer on indemnity issue after breach of duty to defend is affirmed. Insured is collaterally estopped by prior state court ruling from asserting a right to indemnity for a portion of a settlement attributable to a trespass claim.
- Decided 09/23/2002
- Published 09/23/2002
- LOKEN, Circuit Judge., Before BOWMAN, LOKEN, and BYE, Circuit Judges.
- United States Eighth Circuit
- For Appellant:
- Thomas W. Rynard, argued, Jefferson City, MO (Richard D. Rhyne, on the brief), for appellant.
- For Appellees:
- Julie J. Gibson, argued, Kansas City, MO (John J. Hayob, on the brief), for appellee.