MEDICAL LIABILITY MUT. INS. CO. v. ALAN CURTIS LLC

No. 07-2061.

519 F.3d 466 (2008)

MEDICAL LIABILITY MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. ALAN CURTIS LLC; Alan Curtis; Evergreene Properties of North Carolina, LLC; Alan Curtis Enterprises, Inc., Defendants-Appellants, Arkansas Advocates for Nursing Home Residents, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Filed: March 10, 2008.


Attorney(s) appearing for the Case

Keith, Irving Billingsly, argued, Little Rock, AR, for Appellant.

Jess Askew, III, argued, Bonnie J. Johnson, on the brief, Little Rock, AR, for Appellee.

Before LOKEN, Chief Judge, MURPHY, Circuit Judge, and JARVEY, District Judge.


MURPHY, Circuit Judge.

Medical Liability Mutual Insurance Company (Insurer) brought this action against Alan Curtis and Evergreene Properties of North Carolina, LLC (Evergreene) seeking a declaratory judgment regarding its duties to defend and indemnify them against claims in an Arkansas state court action brought by the estate of Annie Redden. All parties filed motions for summary judgment. The district court

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