ALLSTATE INS. CO. v. WORTHINGTON

No. 93-4127.

46 F.3d 1005 (1995)

ALLSTATE INSURANCE COMPANY, an Illinois corporation, Plaintiff-Appellant, v. Richard WORTHINGTON, individually and as guardian ad litem of Kaycee Lynn Kimmel, Kristopher Dean Kimmel and Charlee Karena Kimmel; Karen Worthington, individually and as guardian ad litem of Kaycee Lynn Kimmel, Kristopher Dean Kimmel and Charlee Karena Kimmel; David Alan Roth, individually and as guardian ad litem of Kaycee Lynn Kimmel, Kristopher Dean Kimmel and Charles Karena Kimmel; Kelsey Kyle Kimmel, Nancy Ravera and Jae Lowder, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 30, 1995.


Attorney(s) appearing for the Case

Robert G. Wright (Gary L. Johnson, also of Richards, Brandt, Miller & Nelson, with him on the briefs), Salt Lake City, UT, for plaintiff-appellant.

Colin King (Edward B. Havas and Alan W. Mortensen, also of Wilcox, Dewsnup & King, with him on the brief), Salt Lake City, UT, for defendants-appellees.

Before SEYMOUR, Chief Judge, LOGAN, Circuit Judge, and DAUGHERTY, District Judge.


LOGAN, Circuit Judge.

Allstate Insurance Company filed this federal diversity action for a declaratory judgment, naming as defendants its insureds in a homeowner's policy and the parties suing those insureds in a Utah state court, seeking a determination that it had no duty under a homeowner's insurance policy to defend and indemnify Karen Worthington Brown (Brown) and her ex-husband, Richard Worthington (husband). The suit arose out of Richard Worthington's kidnapping...

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