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FARMERS ALLIANCE MUT. INS. CO. v. BETHEL

No. 86-5201.

812 F.2d 412 (1987)

FARMERS ALLIANCE MUTUAL INSURANCE COMPANY, Appellee, v. Rodman J. BETHEL, Personal Representative of the Estates of Raydon A. Hurst and Patricia A. Hurst, Decedents; Peter A. Hurst, Kevin A. Hurst, Appellants, and American Family Mutual Insurance Company.

United States Court of Appeals, Eighth Circuit.

Decided February 27, 1987.

Rehearing and Rehearing Denied April 8, 1987.

Attorney(s) appearing for the Case

Franklin J. Wallahan, Rapid City, S.D., for appellants.

George Beal, Rapid City, S.D., for appellee.

Before ROSS and JOHN R. GIBSON, Circuit Judges, and HANSON, Senior District Judge.

Rehearing and Rehearing En Banc Denied April 8, 1987.

PER CURIAM.

In August 1979, Marvin Janis, who was covered under an automobile liability policy issued by appellee Farmers Alliance Mutual Insurance Company, fatally injured Raydon and Patricia Hurst and injured their children. Appellee never denied its liability under the insurance policy for Janis' negligence and, beginning in March 1981, repeatedly offered to...

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