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LabMD Inc. v. Admiral Ins. Co.

The defendant's appeal from the grant of summary judgment to the plaintiff insurance company in its declaratory judgment action regarding the plaintiff's duty to defend the defendant's employee was moot because the underlying lawsuit had proceeded to judgment.

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This case involves a dispute over whether Appellee Admiral Insurance Company owed a duty to defend Dr. Adnan Tabrez Savera in an underlying lawsuit that Appellant LabMD, Inc. filed against Dr. Savera. Admiral filed the instant declaratory judgment action, seeking a declaration that it owed a duty to defend Dr. Savera under an insurance policy that Admiral had issued to LabMD as the named insured. The trial court granted summary judgment to Admiral on both its declaratory judgment claim and LabMD’s counterclaims. On appeal, LabMD contends that the trial court erred in granting summary judgment to Admiral and in denying its motion to compel certain depositions. Admiral, however, has filed a motion to dismiss the appeal in which it argues that the questions raised by LabMD have become moot, depriving this Court of jurisdiction. For the reasons discussed below, we agree with Admiral that the questions raised by LabMD are moot. Accordingly, Admiral’s motion is granted, and the appeal is dismissed.

The record reflects that Dr. Savera was employed by LabMD as its Medical Director and Chief Genitourinary Pathologist. An employment dispute ensued, and LabMD sued Dr. Savera for breach of fiduciary duty and other claims the “underlying lawsuit”.

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