AMERICAN CAS. OF READING PA v. HEALTH CARE INDEM.

No. 06-6277.

520 F.3d 1131 (2008)

AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA, a Pennsylvania insurance corporation, Plaintiff-Appellee, v. HEALTH CARE INDEMNITY, INC., a Colorado insurance corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 27, 2008.


Attorney(s) appearing for the Case

David A. Russell (Leslie C. Weeks with him on the brief), of Rodolf & Todd, Tulsa, OK, for Defendant-Appellant.

James Robert Hall of Meckler, Bulger & Tilson LLP, Chicago, IL, (Michael M. Marick of Meckler, Bulger & Tilson LLP, Peter L. Wheeler and Larry G. Gassil, Jr. of Pierce, Couch, Hendrickson, Baysinger & Green, L.L.P., Oklahoma City, OK, with him on the brief) for Plaintiff-Appellee.

Before HARTZ and GORSUCH, Circuit Judges, and BRIMMER, District Judge.


HARTZ, Circuit Judge.

Mary Pat Rooks, a registered nurse, purchased professional liability insurance from American Casualty Co. of Reading, Pennsylvania (ACC) with a policy limit of $1 million per occurrence. She also qualified as an insured under a policy issued by Health Care Indemnity, Inc. (HCI) to her employer with a limit of $10 million per occurrence. In May 2004 she was named as a defendant in a wrongful-death action filed in Oklahoma state court, and she...

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