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WESTFIELD INS. CO. v. HERBERT

No. 96-3105.

110 F.3d 24 (1997)

WESTFIELD INSURANCE COMPANY, Plaintiff-Appellant, v. Candace HERBERT, Allen Herbert, Tammi Herbert, Lucy Brumley, as Personal Representative for the Estate of Jarvis Brumley, Lucy Brumley, Individually, and Donald Brumley, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 28, 1997.

Attorney(s) appearing for the Case

Jeffrey J. Stafford, James W. Hehner (argued), Sipe, Pankow, Rumely & Hahner, Indianapolis, IN, for Westfield Ins. Co.

Neil R. Comer (argued), Osgood, IN, for Candace Herbert, Allen Herbert, Tammi Herbert.

Frank I. Hamilton, Jr., Greensburg, IN, for Donald Brumley, Lucy Brumley.

Before POSNER, FLAUM, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

On June 19, 1992, 9-year-old Candace Herbert was badly burned in a freak accident while playing in a neighbor's yard. She and her family sued the neighbors, the Brumleys. In turn, the Brumleys' insurer, the Westfield Insurance Company, brought this suit in federal court seeking declaratory judgments as to coverage under the Brumleys' homeowners policy and its duty to defend the Herberts' lawsuit, then pending in the circuit court for...

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