Case Citator › Park University Enterprises, Inc. v. American Casualty Co.

Park University Enterprises, Inc. v. American Casualty Co.

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Tenth Circuit
Citation
442 F.3d 1239
Decided
Confirmed treatments
1
Flagged citations read
65 of 65
Citing cases (total)
65
Treatment dates
2013
Abrogated
A reviewed court treats this case as abrogated by later authority. Park University Enterprises, Inc. v. American Casualty Co. was abrogated as to the Kansas intentional injury test it applied. The Kansas Supreme Court replaced the “natural and probable consequences” test with a substantial certainty standard in Thomas v. Benchmark Insurance Co. The Tenth Circuit later identified Park University as applying the former test.
More on how this was screened

Park University's other reasoning remains cited. All 65 flagged citations have been read; the confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

65 later cases cite Park University Enterprises, Inc. v. American Casualty Co.; 65 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Park University Enterprises, Inc. v. American Casualty Co.?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Tenth Circuit recognized that Kansas's intervening decision displaced the natural and probable consequences test Park University had applied.

    Magnus, Inc. v. Diamond State Insurance Co. · Tenth Circuit (nonprecedential order) · filed

    Prior to 2008, Diamond State had no duty under the CGL policy to defend Precision in the Kansas state suit if Magnus’s injuries were the natural and probable consequence of Precision’s breach. See Park Univ. Enters., 442 F.3d at 1245. Kansas, however, no longer follows the natural and probable consequences test.
    Read the full opinion on CourtListener →

Does this case still carry your argument?

Describe your facts. Ezel reads Park University Enterprises, Inc. v. American Casualty Co. and the cases that treated it, then tells you whether it still holds for your situation, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace