Magnum Foods Inc. v. Continental Casualty Co. by United States Court of Appeals for the Tenth Circuit

Magnum Foods Inc. v. Continental Casualty Co.

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  • Genre Law
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HOLLOWAY, Circuit Judge. Plaintiff Magnum Foods, Inc. (Magnum) filed this federal suit seeking a declaratory judgment against defendants Continental
Casualty Company and American Casualty Company of Reading, Pennsylvania (collectively CNA), determining that a punitive damage
award rendered against Magnum in a state court action was covered under its policies with CNA. Magnum also sought damages
on a claim of bad faith by CNA in handling and in settling the state court suit that led to the punitive damage award, inter
alia. The court below entered a partial summary judgment for CNA in the declaratory judgment suit, holding that CNA is not
liable for the punitive damage award. This order was certified for appeal under Fed. R. Civ. P. 54(b), and Magnum appeals
the ruling (No. 92-6148).

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