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WEST AMERICAN INS. CO. v. HINZE

No. 87-1299.

843 F.2d 263 (1988)

WEST AMERICAN INSURANCE COMPANY, Plaintiff-Appellant, v. Richard HINZE, Gerald Ruffino, Individually and as Administrator of the Estate of Anthony Paul Ruffino, a deceased minor, Pamela Ruffino, and the Chicago Park District, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 22, 1988.

Attorney(s) appearing for the Case

Robert Marc Chemers, Pretzel & Stouffer, Chtd., Chicago, Ill., for plaintiff-appellant.

Michael Resis, Querrey, Harrow, Gulanick & Kennedy, Ltd., Andrea Robin Mayster-Levin, Harvey L. Walner & Assoc., William P. Jones, Gessler, Wexler, Flynn, Laswell & Fleischmann, Chicago, Ill., for defendants-appellees.

Before POSNER and COFFEY, Circuit Judges, and NOLAND, Senior District Judge.

NOLAND, Senior District Judge.

West American sought a declaratory judgment that a motor vehicle exclusion clause in one of its homeowner policies excludes coverage when the insured's grandson, who is in the insured's unattended motor vehicle, dies when the vehicle rolls into Lake Michigan. The trial court denied West American's motion for judgment on the pleadings and dismissed the action. We affirm.

I. BACKGROUND

A. Facts

West American...

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