FOSSO v. STATE FARM MUT. AUTO. INS. CO.

No. 90-5517.

940 F.2d 388 (1991)

Lonnie D. FOSSO, individually and Brandon Fosso, a minor child by his father and natural guardian, Lonnie D. Fosso, Plaintiffs-Appellees, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 7, 1991.


Attorney(s) appearing for the Case

Andrew Shern, St. Paul, Minn., argued, for defendant-appellant; Lauri Meyer, on brief.

William Thompson, Willmar, Minn., for plaintiffs-appellees.

Before LAY, Chief Judge, RONEY, Senior Circuit Judge, and WOLLMAN, Circuit Judge.


RONEY, Senior Circuit Judge:

This case concerns the "Other Insurance" clause in a medical insurance policy which restricts benefits when there is duplicate insurance unless the insured gives the insurer notice of the other applicable insurance prior to the occurrence of a covered event. The district court's grant of summary judgment for the insured turned on its decision that a second duplicate policy, although applied retroactively, did not come into existence until...

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