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MAGNUM FOODS, INC. v. CONTINENTAL CAS. CO.

Nos. 92-6148, 92-6344 and 92-6355.

36 F.3d 1491 (1994)

MAGNUM FOODS, INC. d/b/a Little Caesar's Pizza of Oklahoma, Plaintiff-Appellant/Appellee/Cross-Appellant, v. CONTINENTAL CASUALTY COMPANY, an Illinois corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation, both d/b/a The CNA Insurance Companies, Defendants-Appellees/Appellants/Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

September 16, 1994.

Attorney(s) appearing for the Case

Michael W. Hinkle of Mills, Whitten, Mills, Mills & Hinkle, Oklahoma City, OK (Reggie N. Whitten and Glynis C. Edgar of Mills, Whitten, Mills, Mills & Hinkle, Oklahoma City, OK, with him on the brief), for plaintiff-appellant/appellee/cross-appellant.

Thomas B. Kelley of Cooper & Kelley, Denver, CO (John R. Mann of Cooper & Kelley, Denver, CO, and Douglas C. McBee of Andrews Davis Legg Bixler Milsten & Price, Oklahoma City, OK, with him on the brief), for defendants-appellees/appellants/cross-appellees.

Before BRORBY, HOLLOWAY, and KELLY, Circuit Judges.

HOLLOWAY, Circuit Judge.

Plaintiff Magnum Foods, Inc. (Magnum) filed this federal suit seeking a declaratory judgment against defendants Continental Casualty Company and American Casualty Company of Reading, Pennsylvania (collectively CNA), determining that a punitive damage award rendered against Magnum in a state court action was covered under its policies with CNA. Magnum also sought damages on a claim of bad faith by CNA in handling and in settling the state court...

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