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.