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OWATONNA CLINIC-MAYO HEALTH v. MEDICAL PROTECTIVE

No. 10-2076.

639 F.3d 806 (2011)

OWATONNA CLINIC-MAYO HEALTH SYSTEM, Appellee, v. The MEDICAL PROTECTIVE COMPANY OF FORT WAYNE, INDIANA, Appellant. American Medical Association; Minnesota Hospital Association; Minnesota Medical Association, Amici on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 11, 2011.

Attorney(s) appearing for the Case

James K. Horstman , argued, Chicago, IL, for appellant.

Katie C. Pfeifer , argued, William R. Stoeri and Henry Alex Iliff , on the brief, Minneapolis, MN, for appellee.

Mary K. Martin , South St. Paul, MN, on the amicus brief in support of appellee.

Before LOKEN, ARNOLD, and BYE, Circuit Judges.

ARNOLD, Circuit Judge.

This is a contracts case. Owatonna Clinic—Mayo Health System sued its insurer, Medical Protective Company, claiming that the company had breached its obligation to defend and indemnify the Clinic in a medical malpractice suit that had resulted in a judgment against it. Medical Protective denied that it had any such duty because the Clinic had failed to give proper notice of a potential claim against it. After cross-motions for summary...

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