I. BackgroundEmergency Medical Services, Inc. is a Missouri corporation and Islands is a Hawaii corporation. During the time period relevant to this appeal, Dr. Kinports was the president, CEO, and director of both corporations. St. Paul is an insurance company authorized to do business in Missouri. On May 31, 1999, EMS entered into an agreement with St. Paul whereby St. Paul would provide insurance coverage to EMS. EMS was the named insured under the Policy. In relevant part, the Policy reads:
WHAT TO DO IF YOU HAVE A LOSSYou or other protected persons are required to perform the duties described below when a property loss that may be covered under this policy happens or an accident or incident happens that could result in liability damages covered under this policy. . . .
When This Policy Provides Liability ProtectionIf an accident or incident happens that may involve liability protection provided in this policy, you or any other protected person involved must:
. . .
2. Tell us or our agent what happened as soon as possible. Do this even though no demand for damages has been made against you or any other protected person, but you or another protected person is aware of having done something that may later result in a demand for damages. . . .
3. Send us a copy of all written demands. Also send us a copy of all legal documents if someone starts a lawsuit.
. . .
Judge(s): Michael Melloy
Jurisdiction: U.S. Court of Appeals, Eighth Circuit
Related Categories: Contracts , Health Care , Malpractice
|Circuit Court Judge(s)|
|Trial Court Judge(s)|
|Plaintiff Lawyer(s)||Plaintiff Law Firm(s)|
|Joshua Dickinson||Spencer & Fane|
|Barry Pickens||Spencer & Fane|
|Defendant Lawyer(s)||Defendant Law Firm(s)|
|Tyson Ketchum||Armstrong Teasdale LLP|
|Laurence Tucker||Armstrong Teasdale LLP|
|Ann Buckley||Buckley & Buckley|