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North American Specialty Insurance Co. v. Correctional Medical Services, Inc.

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Before LUCERO, McCONNELL and HOLMES, Circuit Judges.

The Estate of Orlando Patrick Roan Eagle (“Roan Eagle”) sued Correctional Medical Services, Inc., Bruce Kahn, J.D., M.D. and Stephen Goldman (collectively “CMS”) for alleged medical malpractice. National American Specialty Insurance Company (“NAS”), CMS’s insurer, declined to defend or indemnify CMS, but nonetheless agreed to settle the matter on CMS’s behalf. NAS then filed this action seeking a declaratory judgment that it had no duty to defend or indemnify CMS, and to recoup the settlement proceeds. CMS filed a counterclaim for, among other things, breach of contract.

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