United States Eighth Circuit

In an action brought by an insurer seeking a declaratory judgment regarding its duties to defend and indemnify defendants against claims in an Arkansas state court action, summary judgment determining such duties is affirmed where the district court did not err by deciding that: 1) the only claim in the underlying lawsuit covered under insurer's policy was an estate's breach of contract claim against nursing home facility owner; 2) insurer had a duty to defend and indemnify owner on that claim and therefore also a duty to defend it on all of the estate's claims against it; and 3) insurer had no duty to defend or indemnify appellant-employee of the nursing home's management company.

Appellate Information

• Decided 03/10/2008
• Published 03/10/2008

Judges

• MURPHY, Circuit Judge., Before LOKEN, Chief Judge, MURPHY, Circuit Judge, and JARVEY, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Keith, Irving Billingsly, argued, Little Rock, AR, for Appellant.


• For Appellees:
  
• Jess Askew, III, argued, Bonnie J. Johnson, on the brief, Little Rock, AR, for Appellee.