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EMPLOYERS REINSURANCE CORP. v. NEWCAP INS. CO.

No. 01-2276-JWL.

209 F.Supp.2d 1184 (2002)

EMPLOYERS REINSURANCE CORPORATION, Plaintiff, v. NEWCAP INSURANCE COMPANY, LTD., Defendant.

United States District Court, D. Kansas.

July 11, 2002.

Attorney(s) appearing for the Case

Robert T. Adams, L. Benjamin Mook, Steven D. Soden, Shiik, Hardy & Bacon L.L.P., Kansas City, MO, Brenda G. Hamilton, Shank & Hamilton, Kansas City, MO, David Lee Heinemann, Sharon A. Stallbaumer, Shank & Hamilton, P.C., Kansas City, MO, for Plaintiff.

James S. Kreamer, John P. Patterson, Baker, Sterchi, Cowden & Rice, L.L.C., Kansas City, MO, John S. Worden, Shawn D. Parrish, Jason R. Houghton, Tracy C. Lemmon, Morgenstein & Jubelirer, L.L.P., San Francisco, CA, for Defendant.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

This declaratory judgment action arises out of an insurance coverage dispute between a reinsurer and a reinsured. Specifically, the dispute is over whether an incident at Providence Hospital ("Providence"), which gave rise to a settlement payment of $7,600,000 by Providence to a third party, is covered by the hospital's commercial general liability ("CGL") coverage...

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