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United States Eighth Circuit


Medical Protective Co. v. Bubenik, 09-2324

In an action by an insurer seeking a declaration that it had no duty to pay a malpractice judgment, summary judgment for plaintiff is affirmed where the district court did not err in concluding that the malpractice defendant materially breached the cooperation clause in his insurance policy.

Appellate Information

  • Decided 02/18/2010
  • Published 02/18/2010

Judges

  • MURPHY, Circuit Judge., Before MURPHY and BYE, Circuit Judges, and STROM,District Judge.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Joseph L. Bauer, Jr., argued, St. Louis, MO, James E. Hopkins, Jr. and Leonard W. Buckley, Jr., St. Louis, MO, on the brief, for appellant.

  • For Appellees:
  • Bruce Baty, argued, Kansas City, MO, Jodi M. Hoss, Kansas City, MO, on the brief, for appellee.
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