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ELLENSOHN v. AMERICAN FAMILY MUT. INS. CO.

No. 96-1398.

96 F.3d 1075 (1996)

Gary ELLENSOHN, Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellee. Donald ELLENSOHN, Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 23, 1996.

Attorney(s) appearing for the Case

Joe Cosgrove (argued), Sioux City, IA, for appellants.

Ned A. Stockdale, Estherville, Iowa, argued (Joseph L. Fitzgibbons, on the brief), for appellee.

Before FAGG, LAY, and MURPHY, Circuit Judges.

PER CURIAM.

Theophil Miller sued Gary and Donald Ellensohn for intentional infliction of emotional distress, alleging the Ellensohns tried to cheat Miller, a man they knew was mentally retarded, out of part of his soybean crop. The Ellensohns asked their insurer, American Family Mutual Insurance Company (AFM), to defend and indemnify them under their separate but apparently identical liability policies. AFM denied coverage and refused to defend. The Ellensohns settled...

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