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SPHERE DRAKE INS. PLC v. TRISKO

No. 99-3418, 99-3468.

226 F.3d 951 (2000)

SPHERE DRAKE INSURANCE PLC, a foreign insurance company; UnionAmerica Insurance Company, Ltd., a foreign insurance company; Copenhagen Reinsurance Company, a foreign insurance company; St. Paul Reinsurance Company, a foreign insurance Company; Terra Nova Insurance Company, Ltd., a foreign insurance company, Appellants, v. Robert TRISKO, doing business as Trisko Designer Jewelry; Trisko Jewelry Sculptures, Ltd., a Minnesota corporation, Appellees. Sphere Drake Insurance PLC, a foreign insurance company; UnionAmerica Insurance Company, Ltd., a foreign insurance company; Copenhagen Reinsurance Company, a foreign insurance company; St. Paul Reinsurance Company, a foreign insurance Company; Terra Nova Insurance Company, Ltd., a foreign insurance company, Appellees, v. Robert Trisko, doing business as Trisko Designer Jewelry; Trisko Jewelry Sculptures, Ltd., a Minnesota corporation, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: September 13, 2000.

Attorney(s) appearing for the Case

Dan T. Ryerson, argued, Edina, MN (James T. Martin, on the brief), for appellants/cross-appellees.

Kevin S. Carpenter, argued, St Cloud, MN, for appellees/cross-appellants.

Before MURPHY, HEANEY, and MAGILL, Circuit Judges.

HEANEY, Circuit Judge.

Robert Trisko, doing business as Trisko Designer Jewelry and Trisko Jewelry Sculptures, Ltd., sustained a loss of jewelry that was insured collectively by Sphere Drake Insurance, PLC, UnionAmerica Insurance Company, Ltd., Copenhagen Reinsurance Company, St. Paul Reinsurance Company, and Terra Nova Insurance Company (the insurers). The insurers brought suit in the district court seeking a declaratory judgment that the loss was excluded from coverage...

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