Guidant Mutual Ins. Co. v. Indemnity Ins. Co. of N. America

Docket Number:	2006-CA-01472-SCT

Supreme Court:	Opinion Link Opinion Date: 06-25-2009 Opinion Author: Carlson, P.J. Holding: ON DIRECT APPEAL: REVERSED AND REMANDED. ON CROSS-APPEAL: REVERSED AND REMANDED

Additional Case Information:	Judge(s) Concurring: Waller, C.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Concurs in Result Only: Graves, P.J. Procedural History: Summary Judgment Nature of the Case: CIVIL - CONTRACT

Trial Court:	Date of Trial Judgment: 08-14-2007 Appealed from: MARSHALL COUNTY CIRCUIT COURT Judge: Henry L. Lackey Disposition: The trial court issued a final judgment in August 2007, which incorporated the 2006 orders, dismissing the declaratory judgment with prejudice. Guidant filed a notice of appeal and amended notice of appeal. Guidant appealed from the portion of the final judgment denying its request for contribution from INA for settlement costs and the finding that it was a voluntary payor. INA filed a notice of cross-appeal on the issue of the trial court’s denial of its request for reimbursement of defense costs while defending Marshall County and the fire department. Case Number: M98-196
	Consolidated: Consolidated with 2007-CA-01593-SCT; Guidant Mutual Insurance Company v. Indemnity Insurance Company of North America; Marshall Circuit Court; LC Case #: M98-196; Ruling Date: 08/14/2007; Ruling Judge: Henry Lackey

	Party Name:	Attorney Name:
Appellant:	GUIDANT MUTUAL INSURANCE COMPANY	DION JEFFERY SHANLEY, H. SCOT SPRAGINS

Appellee:	INDEMNITY INSURANCE COMPANY OF NORTH AMERICA	LEANN W. NEALEY, ROBERT A. MILLER

Mississippi College School of Law