Medical Protective Company of Fort Wayne Indiana The v. American International Specialty Lines Insurance Company
| Medical Protective Company of Fort Wayne Indiana The |
| American International Specialty Lines Insurance Company |
| 1:2013cv00357 |
| December 23, 2013 |
| US District Court for the Northern District of Indiana |
| Fort Wayne Office |
| Allen |
| Roger B Cosbey |
| James T Moody |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
187
OPINION AND ORDER DENYING 179 Motion for New Trial. Signed by Judge Holly A Brady on 4/17/2020. (bas)
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Filing
161
OPINION AND ORDER: The Court overrules the parties' objections to the testimony of Robert P. Gaddis and the testimony of Kevin M. Quinley. The Court sustains the objections to the extent they seek to preclude Gaddis and Quinley from testifying regarding when a claim was first made and the foreseeability of the claim. Those issue have been resolved as a matter of law. Signed by Judge Holly A Brady on 1/24/2020. (lhc)
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Filing
155
OPINION AND ORDER Defendant's 130 Motion in Limine Numbers 1, 2, 3, 4, 5, and 7 are denied. Motion in Limine Number 6 is granted, and 8 is granted in part and denied in part. Plaintiff's 131 Motion in Limine Numbers 1 and 3 are granted; Number 2 is granted in part and denied in part. Signed by Judge Holly A Brady on 1/23/20. (kjp)
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Filing
152
AMENDED OPINION AND ORDER: For the reasons stated herein, the Court concludes that, as a matter of law, a claim was not first asserted against MedPro for its failure to settle for policy limits before the Policy incepted on July 1, 2006. MedPro's breach of contract claim is, therefore, not based on an assertion of coverage for a claim first made against it prior to the inception of the Policy. Signed by Judge Holly A Brady on 1/22/20. (ksp)
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Filing
150
OPINION AND ORDER: The Court accepts 148 STIPULATION re 146 Opinion and Order, by Plaintiff Medical Protective Company of Fort Wayne Indiana The, which will govern the presentation of evidence for purposes of trial. The Court finds that the Bra mletts' lawsuit against MedPro in 2009 is deemed made during the July 1, 2006 - July 1, 2007, Policy Period because MedPro gave AISLIC timely and appropriate notice of an "occurrence" pursuant to the Special Reporting Clause. AISLIC has preserved its appellate rights with respect to this finding and will be permitted to make an offer of proof at trial. Signed by Judge Holly A Brady on 1/21/2020. (lhc) Modified on 1/21/2020 to add text (lhc).
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Filing
146
OPINION AND ORDER: The Court will permit the parties an opportunity to address whether there are any disputed material issues of fact that require resolution by a finder of fact with respect to whether MedPro's June 2007 notice satisfied Endorsement #16. Signed by Judge Holly A Brady on 1/16/2020. (lhc)
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Filing
125
OPINION AND ORDER: For the reasons stated, the Court finds that no reasonable jury could conclude that MedPro's breach of contract claim is based on an assertion of coverage for a claim first made against it prior to the inception of the Polic y. If the pre-requisite question of coverage is established, AISLIC will have the burden to establish that MedPro committed a Wrongful Act when it did not settle the medical malpractice claim against its insured. Signed by Judge Holly A Brady on 12/10/2019. (lhc)
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Filing
112
OPINION AND ORDER: The jury trial scheduled to begin on 01/28/2020 is CONFIRMED. Signed by Judge Holly A Brady on 08/13/2019. (jat)
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Filing
111
OPINION AND ORDER: Having considered the Seventh Circuit's opinion and having considered the remaining issues in the parties' summary judgment submissions, the Court concludes that this matter should proceed to trial on MedPro's Complaint, AISLIC's Amended Answer, and any Affirmative Defenses AISLIC intends to pursue, save the Eighth (Known Loss Doctrine) and Ninth (Recission) Affirmative Defenses. Signed by Judge Holly A Brady on 07/29/2019. (jat)
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Filing
39
OPINION AND ORDER DENYING 38 MOTION for Protective Order and Non-Waiver Agreement by Plaintiff Medical Protective Company of Fort Wayne Indiana The. Parties may submit revised protective order as outlined in Opinion and Order. Signed by Magistrate Judge Roger B Cosbey on 12/1/2014. (lhc)
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Filing
37
OPINION AND ORDER GRANTING 24 MOTION to Compel Production of Documents by Defendant American International Specialty Lines Insurance Company and DENYING 29 MOTION to Compel by Plaintiff Medical Protective Company of Fort Wayne Indiana The. Def i s reminded of its ongoing duty under Fed R Civ P 26(e) to supplement its answers and responses to Pla's First Set of Interrogatories and First Requests for Production of Documents. Signed by Magistrate Judge Roger B Cosbey on 10/6/2014. (lhc) Modified on 10/6/2014 to add re 24 (lhc).
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| Plaintiff: Medical Protective Company of Fort Wayne Indiana The | |
| Represented By: | Kevin K Fitzharris |
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| Defendant: American International Specialty Lines Insurance Company | |
| Represented By: | Matthew J Fink |
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