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MEDICAL PROTECTIVE CO. v. BUBENIK

No. 09-2324.

594 F.3d 1047 (2010)

The MEDICAL PROTECTIVE COMPANY, Plaintiff-Appellee, v. James E. BUBENIK, D.M.D.; James E. Bubenik, D.M.D., P.C., Defendants, Joseph C. Johnston, individually; Mary Johnston, through her legal guardian, Joseph C. Johnston, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: February 18, 2010.

Attorney(s) appearing for the Case

Joseph L. Bauer, Jr., argued, James E. Hopkins, Jr. and Leonard W. Buckley, Jr., on the brief, St. Louis, MO, for appellant.

Bruce Baty, argued, Jodi M. Hoss, on the brief, Kansas City, MO, for appellee.

Before MURPHY and BYE, Circuit Judges, and STROM, District Judge.

MURPHY, Circuit Judge.

Medical Protective Company (MPC) brought this declaratory judgment action against its insured, Dr. James Bubenik, and Joseph and Mary Johnston, who had obtained a state court judgment against the doctor for malpractice, contending that it had no duty to pay because Dr. Bubenik had materially breached the terms of his insurance policy. The district court2 entered a declaratory...

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