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BOULET v. MILLERS MUTUAL INSURANCE ASS'N OF ILLINOIS

No. 18178.

362 F.2d 619 (1966)

Vergene A. BOULET, Appellant, v. MILLERS MUTUAL INSURANCE ASSOCIATION OF ILLINOIS, an Illinois corporation, Appellee.

United States Court of Appeals Eighth Circuit.

June 23, 1966.

Attorney(s) appearing for the Case

Paul A. Skjervold, Minneapolis, Minn., for appellant.

Robert M. Austin, of Carroll, Cronan, Roth & Austin, Minneapolis, Minn., for appellee.

Before MATTHES and GIBSON, Circuit Judges, and HUNTER, District Judge.

GIBSON, Circuit Judge.

This is an appeal from the United States District Court for the District of Minnesota, in a diversity case, granting judgment for defendant, Millers Mutual Insurance Company of Illinois (Millers) on automobile liability policy. Minnesota law applies. Only two issues are presented on this appeal. They are:

I. Under Minnesota law, if an insurer, with full knowledge of the facts, voluntarily assumes the defense of an action, but due to...

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