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GENERAL ACC. INS. CO. OF AMERICA v. GONZALES

No. 95-1787.

86 F.3d 673 (1996)

GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, Plaintiff-Appellee, v. Louis I. GONZALES, Rosa Janeski, Pauline Setmajer, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided June 6, 1996.

Attorney(s) appearing for the Case

Mark E. Schmidtke (argued), Lauren K. Kroeger, Hoeppner, Wagner & Evans, Valparaiso, IN, for Plaintiff-Appellee.

A. James Sarkisian, Merrillville, IN, for Gonzales.

Gregory J. Tonner (argued), Carl A. Greci, Spangler, Jennings & Dougherty, Merrillville, IN, for Setmajer and Warot.

Before WOOD, Jr., COFFEY and RIPPLE, Circuit Judges.

COFFEY, Circuit Judge.

On December 8, 1992 Louis Gonzales was returning home from work with four of his fellow employees when his vehicle was struck by an uninsured drunken driver, causing personal injury to Gonzales as well as his passengers. Gonzales's insurance carrier, General Accident Insurance Company, sought a declaratory judgment under the federal diversity statute, 28 U.S.C. § 1331,1 seeking to establish that Gonzales's policy...

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