Platte River Insurance Company v. Baptist Health et al

Filing 81

JUDGMENT pursuant to 80 Memorandum and Order entered this date, judgment is hereby entered in favor of Platte River, denying Baptist Health's motion for summary judgment; Platte River Insurance Company is entitled to recover the amount of defe nse expenses advanced to Baptist Health under the Policy for the Underlying Actions and Baptist Health is entitled to a refund of the premiums tendered to and received by Platte River Insurance Company. Signed by Judge Susan Webber Wright on 4/17/09. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION PLATTE RIVER INSURANCE COMPANY, Plaintiff, vs. * * * * * * * * * * * * * * * * * * * * * * * * * * * *

No. 4:07cv0036 SWW

BAPTIST HEALTH, and as interested parties, DR. BRUCE E. MURPHY and BRUCE E. MURPHY, M.D., P.A., DR. SCOTT L. BEAU and SCOTT L. BEAU, M.D., P.A., DR. DAVID C. BAUMAN and DAVID C. BAUMAN, M.D., P.A., DR. D. ANDREW HENRY and D. ANDREW HENRY, M.D., P.A., DR. DAVID M. MEGO and DAVID M. MEGO, M.D., P.A., DR. WILLIAM A. ROLLEFSON and WILLIAM A. ROLLEFSON, M.D., P.A., DR. PAULO RIBEIRO and PAULO RIBEIRO, M.D., P.A., LITTLE ROCK CARDIOLOGY CLINIC, P.A. and DR. JANET R. CATHEY, Defendants.

JUDGMENT Pursuant to the Memorandum and Order entered in this matter on this date, it is Considered, Ordered, and Adjudged that Platte River Insurance Company's motion for summary judgment [doc.#33] be and it hereby is granted and that Baptist Health's motion for summary judgment [doc.#36] be and it hereby is denied; Platte River Insurance Company is entitled to recover the amount of defense expenses advanced to Baptist Health under the Policy for the Underlying Actions and Baptist Health is entitled to a refund of the premiums tendered to and

received by Platte River Insurance Company.

IT IS SO ORDERED this 17th day of April 2009. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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