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STATE FARM AUTO. INS. v. NEWBURG CHIROPRACTIC

Nos. Nos. 13-5028, 13-5059.

741 F.3d 661 (2013)

STATE FARM AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellee/Cross-Appellant (13-5028 & 13-5059), v. NEWBURG CHIROPRACTIC, P.S.C. and Cane Run Chiropractic, P.S.C., Defendants (13-5028), Defendants-Appellees (13-5059), Michael Plambeck, Defendant-Appellant/Cross-Appellee (13-5028 & 13-5059).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 18, 2013.

Attorney(s) appearing for the Case

ARGUED: Kenneth Richard Stein , Matthews, Stein, Shiels, Pearce, Knott Eden & Davis, L.L.P., Dallas, Texas, for Appellant/Cross-Appellee Plambeck and Appellees Newburg and Cane Run. Benjamin G. Kemble , Jones, Andrews & Ortiz, P.C., San Antonio, Texas, for Appellee/Cross-Appellant. ON BRIEF: Kenneth Richard Stein , Matthews, Stein, Shiels, Pearce, Knott Eden & Davis, L.L.P., Dallas, Texas, for Appellant/Cross-Appellee Plambeck and Appellees Newburg and Cane Run. Benjamin G. Kemble , David V. Jones , Jones, Andrews & Ortiz, P.C., San Antonio, Texas, John M. Bush , Quintairos, Prieto, Wood & Boyer, P.A., Louisville, Kentucky, for Appellee/Cross-Appellant.

SUTTON, J., delivered the opinion of the court, in which CLELAND, D.J., joined, and BOGGS, J., joined in the result. BOGGS, J. (pg.10), delivered a separate opinion concurring in the judgment.

OPINION

SUTTON, Circuit Judge.

Michael Plambeck owned two chiropractic clinics in Kentucky that treated patients injured in car accidents, including some of State Farm's customers. All of the treating chiropractors were licensed to practice in Kentucky. Plambeck, however, was not. Plambeck assumed that he did not need to keep his Kentucky license because he was the owner of the facility and did not treat any patients in the State. State Farm, on the other...

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