St. Paul Fire & Marine Insurance v. Medical Protective Co.

257 F. App'x 232

• Court: Court of Appeals for the Eleventh Circuit
• Decided: December 4, 2007
• Docket: 07-10255, 07-11577
• Status: Unpublished

Opinion

PER CURIAM:

Appellant, The Medical Protective Company (“Medical Protective”), appeals the district court’s order granting summary judgment to St. Paul Fire and Marine Insurance Company (“St. Paul”) and to Thomas Bell (“Bell”) on its declaratory judgment action seeking a court decree that St. Paul had a duty to defend and indemnify Dr. Edward J. Toggart (“Dr. Toggart”) and Southwest Florida Heart Group (the “Heart Group”) in the underlying negligence action filed by Bell against Dr. Toggart and the Heart Group in state court. Medical Protective also appeals the district court’s summary order directing it to reimburse St. Paul for the expenses it has incurred in providing a defense in the underlying suit. In appeal No. 07-11577, Medical Protective appeals the district court’s order granting costs and attorney’s fees to Dr. Toggart in the amount of $14,641.00, and its attendant order denying Medical Protective post-judgment relief. 1

After reviewing the record, reading the parties’ briefs, and having the benefit of oral argument, we conclude that the district court correctly found that under the terms of its policy, Medical Protective owed a duty of defense to its insureds under its professional liability policy based on Bell’s claims that he was injured as a result of Dr. Toggart’s actions during, and as a result of, a medical procedure.

We also conclude that the district court properly ruled that Medical Protective must reimburse St. Paul for the expenses that St. Paul incurred in defending the insureds in the underlying action.

Finally, we affirm the district court’s order granting costs and attorney’s fees to Dr. Toggart.

AFFIRMED.

1 . Medical Protective proffers no argument to challenge the district court’s denial of its motion for post-judgment relief. Accordingly, we conclude that it has waived on appeal any issues related to that judgment. See Greenbriar, Ltd. v. City of Alabaster, 881 F.2d 1570, 1573 n. 6 (11th Cir.1989).