DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

053859P.pdf   07/26/2007  Emergency Medical  v.  St. Paul Mercury
   U.S. Court of Appeals Case No:  05-3859
                          and No:  05-3935
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Melloy, Author, with Arnold and Bye, Circuit Judges]
Civil case - Claim for negligent infliction of emotional distress was covered under the commercial general liability policy in issue, and insurer had a duty to defend the claim; neither the employee exclusion not the exclusion for expected or intended injury contained in the policy applied to the case; even if the notice the insured provided the insurer was not sufficient under the policy provisions, insurer could not show that it was prejudiced; under the Hawaii law applicable to the case, the district court did not err in awarding insured attorneys' fees; applying Hawaii law, the district court did not abuse its discretion in finding that insured was not entitled to prejudgment interest.