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BARNARD v. FIREMAN'S FUND INS. CO.

No. 92-1342.

996 F.2d 246 (1993)

Vicki Jo BARNARD, as personal representative of Estate of James W. Barnard, deceased, Plaintiff-Appellant, v. FIREMAN'S FUND INSURANCE COMPANY; Associated Aviation Underwriters, Defendants, Avemco Insurance Company, a Maryland corporation, Defendant-Appellee. AVEMCO INSURANCE COMPANY, a Maryland corporation, Plaintiff-Appellee, v. Vicki Jo BARNARD, personal representative of the Estate of James W. Barnard, deceased, Defendant-Appellant, Fireman's Fund Insurance Company; Associated Aviation Underwriters; Miriam M. Packard, as personal representative of the Estate of Glenn D. Packard, Defendants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 7, 1993.

Attorney(s) appearing for the Case

Gerald C. Sterns and Dennis R. Lods, of Sterns, Walker & Lods, San Francisco, CA, for plaintiff-appellant.

Jeffrey J. Cowman and Catherine A. Tallerico, of Fowler, Schimberg & Cowman, Denver, CO, for defendant-appellee.

Before SEYMOUR and TACHA, Circuit Judges, and ROGERS, Senior District Judge.

SEYMOUR, Circuit Judge.

Plaintiff Vicki Barnard instituted a declaratory judgment action against defendant Avemco Insurance Company contending that an insurance policy issued by Avemco to plaintiff's deceased husband, James W. Barnard, covered the aircraft in which he was killed when it crashed. The district court entered summary judgment for Avemco. Plaintiff appeals and we reverse.1

I.

Avemco issued a policy of insurance...

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