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TRANSAMERICA v. IBC

No. 95-3733.

94 F.3d 1204 (1996)

TRANSAMERICA INSURANCE COMPANY, Plaintiff-Appellee, v. INTERNATIONAL BROADCASTING CORPORATION; Island Fun Corporation, doing business as Fantasy Island, Defendants, Michael Murach, Defendant-Appellant, John Murach, Defendant.

United States Court of Appeals, Eighth Circuit.

Decided September 9, 1996.

Attorney(s) appearing for the Case

Eric J. Strobel, Minneapolis, MN, argued (Daniel J. Hartman, Buffalo, NY, on the brief), for appellant.

Robert G. Haugen, Minneapolis, MN, argued (David H. Stern and M. Gregory Simpson, on the brief), for appellee.

Before BOWMAN and HEANEY, Circuit Judges, and BOGUE, District Judge.

HEANEY, Circuit Judge.

Transamerica Insurance Company (Transamerica) brought a declaratory judgment action seeking a determination that Michael Murach's accident during a comedic diving performance was not covered by the insurance policy of Transamerica's policy holder, the amusement park in which the accident occurred. Holding that the policy excluded coverage and that Murach was precluded from invoking principles of waiver and estoppel, the United States District...

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