United States Eighth Circuit

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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.

Appellate Information

  • Decided 09/23/2002
  • Published 09/23/2002

Judges

  • LOKEN, Circuit Judge., Before BOWMAN, LOKEN, and BYE, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • 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.