Nos. 05-8038, 05-8082.

527 F.3d 1033 (2008)

NORTH AMERICAN SPECIALTY INSURANCE COMPANY, a New Hampshire corporation, Plaintiff-Appellant, v. CORRECTIONAL MEDICAL SERVICES, INC., a Missouri corporation; Bruce Kahn, J.D., M.D., a Utah resident; Stephen Goldman, a Wyoming resident, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 28, 2008.

Attorney(s) appearing for the Case

Russell F. Watters of Brown & James, P.C., Saint Louis, MO (T. Michael Ward of Brown & James, P.C., Saint Louis, MO; and Peter J. Young of Schwartz, Bon, Walker & Studer, L.L.C., Casper, Wyoming with him on the briefs), for Plaintiff-Appellant.

Dennis E. O'Connell (Thomas C. Walsh with him on the brief), of Bryan Cave LLP, Saint Louis, MO, for Defendants-Appellees.

Before LUCERO, McCONNELL and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

The Estate of Orlando Patrick Roan Eagle ("Roan Eagle") sued Correctional Medical Services, Inc., Bruce Kahn, J.D., M.D. and Stephen Goldman (collectively "CMS") for alleged medical malpractice. National American Specialty Insurance Company ("NAS"), CMS's insurer, declined to defend or indemnify CMS, but nonetheless agreed to settle the matter on CMS's behalf. NAS then filed this action seeking a declaratory judgment that it had no duty to defend...

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