United States Eighth Circuit

In a declaratory judgment action brought by an insurer regarding its duty to defend or indemnify a psychologist in an underlying suit brought by defendant who was sexually abused by her father who had been treated by the psychologist, summary judgment against the insurer on the duty to defend and indemnify issues, and dismissal and post-dismissal rulings, are affirmed in part and reversed in part where: 1) the district court erred in concluding that a prior case required summary judgment against insurer on indemnification; 2) collateral estoppel did not apply to that issue, either; 3) summary judgment was proper as to the second count of insurer's complaint; 4) dismissal of insurer's remaining counts was not an abuse of discretion; 5) dismissal of an equitable garnishment counterclaim was not an abuse of discretion; 6) dismissal of defendant ad litem's bad faith, negligent claims handling, and fiduciary duty counterclaims was proper; and 7) defendants were no longer prevailing parties for purposes of an attorney's fees award.

Appellate Information

• Decided 06/08/2007
• Published 06/08/2007

Judges

• MELLOY, Circuit Judge., Before MELLOY, BRIGHT, and HANSEN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Joy M. Leong, argued, Washington, DC (Stephen B. Kinnaird and Thomas A. Burns, on the brief), for appellant.


• For Appellees:
  
• Daniel H. Miller, argued, Columbia, MO, for appellee Kelly Pope., Jay Angoff, argued, Jefferson City, MO (Roger J. Brown, on the brief), for appellee Buckley.