Capson Physicians Insurance Company v. MMIC Insurance Inc

Filing 198

ORDER: For the reasons stated on the record at the 19 May 2015 pretrial hearing, the Court confirms the following rulings on the pending motions. The Rays' motion to adopt, 123 , and Wilson's motion to adopt, 133 , are granted. Capson� 39;s motion for summary judgment, 119 , is denied. Dr. Hasik's and Crawford County Memorial Hospital's motion for summary judgment, 121 , is denied. MMIC's motion for summary judgment, 117 , is granted in part and denied in part. The Court will enter a related Judgment. Signed by Judge D. P. Marshall Jr. on 6/1/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
CAPSON PHYSICIANS
INSURANCE COMPANY

v.

PLAINTIFF/
COUNTER DEFENDANT
No. 3:13-cv-157-DPM

MMIC INSURANCE, INC.

DEFENDANT/
COUNTER CLAIMANT

MMIC INSURANCE, INC.

THIRD PARTY PLAINTIFF/
COUNTER DEFENDANT

v.
DR. KARL J. HASIK; LILLIAN WILSON,
Individually and as Special Administratrix
for the Estate of J.A.W., deceased;
SAMANTHA RAY, Individually and
as next friend and guardian of A.L.R.,
a minor; DERECK RAY, Individually
and as next friend and guardian
of A.L.R., a minor;
and DOE, A.L.R., a minor
THIRD PARTY DEFENDANTS
COUNTER CLAIMANT

DR. KARL J. HASIK
CRAWFORD COUNTY MEMORIAL
HOSPITAL

INTERVENOR

ORDER

For the reasons stated on the record at the 19 May 2015 pretrial
hearing, the Court confirms the following rulings on the pending

motions.

•

The Rays' motion to adopt, NQ 123, and Wilson's motion to
adopt, NQ 133, are granted.

•

Capson's motion for summary judgment, NQ 119, is denied .

•

Dr. Hasik' s and Crawford County Memorial Hospital's
motion for summary judgment, NQ 121, is denied. In a
previous Order, the Court rejected Dr. Hasik' s bad faith claim
at the proposed-amendment stage without prejudice for
failure to state a claim. NQ 90 at 2-3. Dr. Hasik' s counterclaim
for breach of contract, which was based in part on the implied
covenant of good faith and fair dealing, fails on the merits
and is dismissed with prejudice.

•

MMIC' s motion for summary judgment, NQ 117, is granted in
part and denied in part.

The Court will enter a related Judgment.
So Ordered.

D.P. Marshall Jr. {I
United States District Judge

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