121 F.3d 707 (6th Cir. 1997), 96-3615, American Justice Ins. Reciprocal v. Ohio Twp. Ass'n Risk Management Authority

Docket Nº:96-3615.
Citation:121 F.3d 707
Party Name:AMERICAN JUSTICE INSURANCE RECIPROCAL, Plaintiff-Appellant, v. OHIO TOWNSHIP ASSOCIATION RISK MANAGEMENT AUTHORITY, Defendant-Appellee.
Case Date:July 22, 1997
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 707

121 F.3d 707 (6th Cir. 1997)

AMERICAN JUSTICE INSURANCE RECIPROCAL, Plaintiff-Appellant,

v.

OHIO TOWNSHIP ASSOCIATION RISK MANAGEMENT AUTHORITY, Defendant-Appellee.

No. 96-3615.

United States Court of Appeals, Sixth Circuit

July 22, 1997

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA6 Rule 28 and FI CTA6 IOP 206 regarding use of unpublished opinions)

On Appeal from the United States District Court for the Southern District of Ohio

Before: SILER and COLE, Circuit Judges; WISEMAN, District Judge. [*]

PER CURIAM.

Plaintiff, American Justice Insurance Reciprocal ("AJIR"), appeals the district court's grant of summary judgment to defendant, Ohio Township Association Risk Management Authority ("OTARMA"). Specifically, AJIR seeks a declaration of contribution and equitable subrogation from OTARMA for the defense and settlement of a lawsuit against the Madison Township Police Department. For the following reasons, we affirm.

I. BACKGROUND

AJR is a private insurance company organized and incorporated in Indiana. OTARMA is a local government risk pool organized under Ohio law. At all times pertinent to this suit, both AJR and OTARMA provided risk coverage for Madison Township, Ohio.

On September 17, 1990, Madison Township Police Officer Gary McDonald, while attempting to arrest Lennell Childs, shot him in the leg. As a result of the gunshot wound, Childs's leg had to be amputated. Childs filed suit against McDonald, the Madison Township Police Department, Madison Township, and other Township officials, alleging violations of state and federal law. The district court entered summary judgment in favor of certain defendants, leaving only Childs's claims against McDonald and Madison Township. The remaining claims were Childs's state law claims against McDonald, which included assault, felonious assault, attempted murder, negligence, and intentional infliction of emotional distress, and his section 1983 excessive force and malicious prosecution claims against McDonald and Madison Township.

Pursuant to its policy, AJR was obliged to provide coverage for "sums that the insured [became] legally obligated to pay as damages because of 'personal injury' ... arising out of ... [t]he insured's operations in the performance of or failure to perform law...

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