Capson Physicians Insurance Company v. MMIC Insurance Inc

Filing 199

JUDGMENT: Capson Physician Insurance Company's amended complaint is dismissed with prejudice. All Dr. Karl J. Hasik's counterclaims against MMIC Insurance Inc. are dismissed with prejudice, except for Dr. Hasik's proposed claim for bad faith, which the Court rejected at the proposed-amendment stage without prejudice for failure to state a claim. The Court confirms, as it ruled from the bench, that Iowa law governs Dr. Hasik's counterclaims. Crawford County Memorial Hospital&# 039;s third-party complaint against MMIC is dismissed with prejudice. MMIC Insurance Inc. shall have a declaratory judgment against Capson Physicians Insurance Company, Dr. Karl J. Hasik, Lillian Wilson, Samantha Ray, Dereck Ray, and Doe. The Court d eclares that MMIC has no obligation to defendant Dr. Hasik in the Wilson lawsuit or in the Ray lawsuit, or to pay any judgment entered against him in either case. MMIC is also entitled to rescind the prior-acts coverage provided by the endorsement ad ding Dr. Hasik to Policy No. IHP000103 upon making a full refund to Crawford County Memorial Hospital of the premium the hospital paid for the prior-acts coverage. MMIC may have its costs, as allowed by law, if it files a verified bill of costs by 15 June 2015. 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

JUDGMENT
1. Capson Physicians Insurance Company's amended complaint is
dismissed with prejudice.

2. All Dr. KarlJ. Hasik' s counterclaims againstMMICinsurance, Inc. are
dismissed with prejudice, except for Dr. Hasik' s proposed claim for bad faith,
whichtheCourtrejectedattheproposed-amendmentstagewithoutprejudice
for failure to state a claim. The Court confirms, as it ruled from the bench,
that Iowa law governs Dr. Hasik's counterclaims.
3. Crawford County Memorial Hospital's third-party complaint against
MMIC is dismissed with prejudice.
4. MMIC Insurance, Inc., shall have a declaratory judgment against
Capson Physicians Insurance Company, 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). The Court declares that MMIC has no
obligation to defend Dr. Hasik in the Wilson lawsuit or in the Ray lawsuit, or
to pay any judgment entered against him in either case. MMIC is also entitled
to rescind the prior-acts coverage provided by the endorsement adding Dr.
Hasik to Policy No. IHP000103 upon making a full refund to Crawford
County Memorial Hospital of the premium the hospital paid for the prior-acts
coverage. MMIC may have its costs, as allowed by law, if it files a verified bill
of costs by 15 June 2015.

D.P. Marshall Jr. (j
United States District Judge