ST. PAUL FIRE & MARINE INS. CO. v. SCHRUM

No. 97-3403.

149 F.3d 878 (1998)

ST. PAUL FIRE & MARINE INSURANCE COMPANY, Appellee, v. William SCHRUM, Rebecca Schrum, Defendants, Steve Zotta; Susan Zotta; J.L.Z., by next friend Susan Zotta; S.J.Z., by next friend Susan Zotta, minors, Defendants/Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 23, 1998.

Rehearing Denied August 19, 1998.


Attorney(s) appearing for the Case

Joseph L. Walsh, St. Louis, MO, argued, for Defendants/Appellants.

James E. DeFranco, Bellville, IL, argued, for Appellee.

Before McMILLIAN and WOLLMAN, Circuit Judges, and BOGUE, District Judge.


WOLLMAN, Circuit Judge.

Susan and Steve Zotta, and J.L.Z. and S.J.Z., minors, by and through Susan Zotta, (Zottas) appeal from the district court's grant of summary judgment in favor of St. Paul Fire and Marine Insurance Company (St. Paul). We reverse and remand.

I.

In March of 1996, the Zottas filed a petition in Missouri circuit court against William and Rebecca Schrum. The petition alleged that in 1993, Richard Lee Backes, who resided with the...

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