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CAROLINA CAS. INS. CO. v. NANODETEX CORP.

No. 12-2110.

733 F.3d 1018 (2013)

CAROLINA CASUALTY INSURANCE COMPANY, Plaintiff-Counter-Defendant-Appellee, v. NANODETEX CORPORATION; Alan P. Sylwester; Angelo L. Salamone, Defendant-Counter-Claimants-Appellants, v. Monitor Liability Managers, Inc., Counter-Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 19, 2013.

Attorney(s) appearing for the Case

Maureen A. Sanders ( Duff Westbrook with her on the briefs), Sanders & Westbrook, P.C., Albuquerque, NM, for Defendants-Counter-Claimants-Appellants.

George J. Manos , Lewis, Brisbois, Bigaard & Smith, LLP, Chicago, IL, ( Jeffrey A. Goldwater , Darcy Ibach , Robert A. Chaney of Lewis, Brisbois, Bigaard & Smith, LLP, and Michael T. Pottow of Catron, Catron & Pottow, P.A., Santa Fe, NM. with him on the brief), for Plaintiff-Counter-Defendants-Appellees.

Before HARTZ, McKAY, and O'BRIEN, Circuit Judges.

HARTZ, Circuit Judge.

A few years ago the New Mexico Supreme Court recognized a new tort called "malicious abuse of process," which subsumed the traditional causes of action for malicious prosecution and abuse of process. Nanodetex Corporation and two of its principals (the Insureds) were successfully sued for malicious abuse of process. They then sought indemnification from Carolina Casualty Insurance Company, which covered the Insureds under a management liability...

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