INS. CO. OF NORTH AMERICA v. MEDICAL PROTECTIVE CO.

No. 83-2082.

768 F.2d 315 (1985)

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff-Appellee, v. The MEDICAL PROTECTIVE COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 25, 1985.


Attorney(s) appearing for the Case

Benjamin F. Stapleton, Denver, Colo. (John H. Evans, Owen C. Rouse and Marion A. Brewer, Denver, Colo., with him on the briefs) of Ireland, Stapleton, Pryor & Pascoe, P.C., Denver, Colo., for defendant-appellant.

Frederick K. Starrett, Topeka, Kan. (Eugene B. Ralston, Topeka, Kan., with him on the brief) of Ralston & Frieden, Topeka, Kan., for plaintiff-appellee.

Before BARRETT, BREITENSTEIN and TIMBERS, Circuit Judges.


TIMBERS, Circuit Judge.

Medical Protective Company (Medical Protective) appeals from a judgment entered August 5, 1983 in the District of Kansas, Dale E. Saffels, District Judge, in favor of Insurance Company of North America (INA), holding that Medical Protective, as the primary insurer of one Dr. Peter Torbey, had acted negligently and in bad faith in failing to settle within its policy limits a medical malpractice...

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