United States Eighth Circuit

In a suit to recover the costs of defending a personal injury and medical malpractice suit from an insurance carrier, summary judgment for plaintiff is affirmed where: 1) an emotional distress claim fell under the policy language because it referenced physical injuries alleged elsewhere in the complaint; 2) the source of the injuries qualified as an "event" under the policy language; 3) the claims did not fit under any exclusion language in the policy; 4) the insurance company was not prejudiced by a delay in notice; 5) attorney's fees were appropriate; and 6) the district court did not abuse its discretion in denying prejudgment interest.

Appellate Information

• Decided 07/26/2007
• Published 07/26/2007

Judges

• MELLOY, Circuit Judge., Before ARNOLD, BYE, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Ann Elizabeth Buckley of St. Louis, Mo.  Laurence R. Tucker and Tyson H. Ketchum of Kansas City, Mo appeared on the brief.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Barry L. Pickens of Kansas City, MO.  Joshua C. Dickinson of Kansas City appeared on the brief.